Articles Posted in Sexual Crimes

The city of Boston used to have an area known as the “Combat Zone”. It was around the theatre district. In fact, the building that now houses the Department of Motor Vehicles used to be a store selling xxx-rated movies and books and prostitutes prowling the streets. That has all been “cleaned out” from the area the chase of crimes of morality is still on.

Chapter 272 of the Massachusetts General Laws deals with these so-called “CRIMES AGAINST CHASTITY, MORALITY, DECENCY AND GOOD ORDER“. Prepare yourself, though, before you read it. For example, “fornication”, otherwise known as sexual intercourse between two unmarried consenting adults, is still on the books as illegal and punishable by jail time. Adultery is still a crime which can send a defendant away for two years and this law has been upheld as Constitutional by the Supreme Judicial Court as late as 1983!

Blasphemy, however, is only punishable for one year incarceration, so we may be lightening up after all.

Not too many criminal defense attorneys are called upon to defend charges of fornication, adultery or even blasphemy these days. However, the laws surrounding the sex trade have undergone changes. These changes are not in attitude, but in application. For example, today, particularly with the internet, the trade has moved onto other venues.

Law enforcement remains in hot pursuit.
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Workers in the sex trade have been in the news lately. First of all, we have heard a great deal about them as victims, as in the case of the so-called “Craig’s List Killer”. Some have been in trouble for things other than prostitution. For example, awhile ago, the Boston Criminal Lawyer Blog told you about an enterprising lass who had had a long-standing money-for-sex relationship with an older wealthy gentleman. When he decided to end what he called a “last hurrah”, she made a decision of her own – to blackmail him.

To refresh your memory, you may want to read the original postings, which can be found on the postings on 2/18/09 and 2/19/09.

While it is my usual practice to give the first name, last initial and age of people who populate the judicial system, law enforcement and the courts have found it vital to give no information about the complainant involved in this matter. Therefore, I think it only fair to only refer to the young lady as the “Defendant”, with no other identifying information in this blog.

You may recall that the Defendant was given a lenient federal sentence in exchange for keeping her former customer’s name a secret. We will call him “John”. She had allegedly threatened to expose John unless he paid her money.

A great deal of money.

$280,000 of money.

No, there are no rights to palimony for prostitutes recognized in the Commonwealth.
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A 28-year-old mother has been charged with the murder, kidnapping, and rape of an 8-year-old girl. Melissa Huckaby was arrested last Friday in California following the discovery on April 6 of Sandra Cantu’s body in a suitcase. The piece of luggage containing her body had been thrown in a pond at a dairy farm.

Cantu was last seen on April 27 in the Tracy mobile home park where she lived. Huckaby and her 5-year-old daughter also have a home there, and Sandra and Huckaby’s daughter were playmates.

Huckaby is a Sunday school teacher. She owns the suitcase that Sandra’s body was found in and claims that someone had stolen it.

Police searched multiple locations, including the church where Huckaby taught, to find Cantu. They are also trying to find out of if there may be more victims.

Formal charges against Huckaby include one count of murder with the special circumstances of rape with a foreign object, murder in the course of kidnapping, and lewd or lascivious conduct with a child. If convicted, Huckaby could face life in prison or be put to death. Huckaby is expected to enter a plea to the criminal charges on April 24. According to KCRA 3, a Local California TV station, investigators say that Huckaby admitted to killing the 8-year-old girl but that the death was accidental.

Huckaby, who remains behind bars, has been placed on suicide watch. She has also undergone a mental health evaluation that is being presided over in the mental health court. Any mental issues would impact the criminal case against her.

The 28-year-old reportedly has suffered from depression and in recent years experienced a series of setbacks, including divorce and bankruptcy. She is also on probation for a petty theft charge that she pleaded guilty to in November 2008.

First court appearance: Tracy woman accused of murder, rape in Sandra Cantu’s death, Mercury News, April 15, 2009
Slain girl’s family express ‘shock and disbelief’ at neighbor’s arrest, CNN, April 11, 2009
California girl, 8, disappears after playing with friend, CNN, March 31, 2009
Related Web Resources:
Women of Death Row

Women and the Death Penalty
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The daily Boston Criminal Lawyer Blog has followed the continuing problem of groping on the MBTA over the past several months.

The ongoing problem is in the news again.

The MBTA has announced an event last Tuesday which ended in the arrest of Jose V. (hereinafter, the “Defendant”). The arrest took place at the Wollaston T Station on the Red Line. The alleged crime(s)?

Multiple counts of indecent assault and battery and criminal harassment.

More specifically, the Defendant has been arrested for allegedly, and repeatedly, groping a woman several times on the Red Line.

At approximately 8:22 am, police officers were dispatched to the Wollaston T Station to meet with a woman who complained that she was being followed. After locating the woman by the fare gates, she told them that she had just seen a man walk towards her that had sexually assaulted her twice in the past.

One of the officers immediately recognized the female from reports that she had been allegedly accosted several times last year while taking the T. He asked her if the man that had just approached her was the same man that has accosted her twice before and she answered in the affirmative. According to the T, she appeared terrified and was near tears.

Officers searched the area for the suspect, who the woman described as a Hispanic male, 5-5’4″ thin build, clean shaven wearing a baseball hat and a black sweatshirt. She believed he left the area on foot, possibly heading northbound on Newport Avenue. The search expanded to the north of the station, including a Wendy’s fast food restaurant to see if any of their employees might have seen the suspect. While talking to the employees, Officers noted the Defendant, a Hispanic male who was dressed in Wendy’s working attire, sweeping the lot.
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Two disturbing stories involving the victimization of young girls have recently surfaced. The facts alleged in both cases defy belief…for most people. I, however, have been a criminal defense attorney in Boston for over nearly 20 years. Before that, I was a prosecutor in Brooklyn. I am sorry to say that these fact scenarios, horrific as they are, are not totally new to me.

In fact, I have handled similar cases.

You have probably already heard about the first of these stories – it was all over the news on Thursday. It involves a mother who has been accused of stabbing her 2-year-daughter with a scissors and trying to strangle her with an electrical cord in Gardner Wednesday night.

Susan J., 38,(hereinafter, the “Mother”) allegedly stabbed her daughter in the torso, head, and neck in a laundry room of an apartment building. The child was rushed to Heywood Hospital in Gardner and taken into custody of the Department of Children and Families.

When police arrived at the apartment building, a security guard had pinned the Mother to the floor of the laundry room, keeping her away from her bleeding daughter. Police arrested the Mother on charges that include attempted murder, armed assault with intent to murder, and assault and battery on a child with injury.
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In Massachusetts, Melrose YMCA girls basketball coach James Conner has been indicted on 20 criminal charges for his alleged sexual assault of two girls. The 51-year-old North Reading resident is also accused of videotaping the incidents using hidden cameras. Prosecutors say they plan to use the video evidence in their case against Conner.

Among the charges against him are four counts of indecent assault and battery on a child, five counts of rape of a child, two counts of posing a child in sexual conduct, two counts of posing a child in a state of nudity, interception of oral communication, photographing/videotaping a naked person without their knowledge, and witness intimidation.

The girls basketball coach was arrested last month and charged with raping one of his players. An investigation into the allegations led to the other rape victim, as well as more charges.

At the time of the alleged sexual assault incidents, the girls were younger than 14. The crimes reportedly took place at Conner’s home and at YMCA events.

In an unrelated incident, a Massachusetts man was sentenced to life in prison for the rape of a 6-year-old boy in a public library. Corey Dean Saunders, 27, pleaded guilty to the rape charge last month. He admitted that he got the boy to join him in the reading room while his mother was on a nearby computer. He will be up for parole in 15 years.

Massachusetts Sexual Crimes
The state of Massachusetts takes a tough stance against people convicted of raping minors. A person convicted of the forcible rape of a child under 16 years of age could end up spending the rest of his or her life in prison. This is why it is so important that you retain the services of an experienced Boston sexual crimes attorney who can defend you.

Melrose YMCA coach indicted on 20 charges, Boston.com, April 2, 2009
Mass. man charged in library rape gets life, Associated Press, April 2, 2009
YMCA Coach Indicted On Child Rape Charges, The Boston Channel, April 2, 2009

Related Web Resources:
Information for Sex Offenders, Mass.gov
How To Survive in Prison as an Innocent Man Convicted of a Sex Crime, IPT Journal, 1997 Continue reading

In Massachusetts, Holbrook police are investigating a complaint by a juvenile girl that videotaped footage of her having having sexual intercourse with her boyfriend was texted to classmates and friends. Both the girl and her boyfriend are minors. The Norfolk District Attorney is investigating the girl’s claims and a “statutory rape” charge may be filed.

This is not the first Massachusetts sexting incident to garner media attention. Earlier this month, three students from Mansfield High School were suspended. They are accused of downloading naked pictures of a classmate who is a minor. The pictures were also posted on the Internet and handed out in print format around the Massachusetts school.

Last month, a number of middle school students in Falmouth were accused of transmitting naked pictures of a 13-year-old female via text message. In January, over 100 cell phones in Billerica may have received and/or sent a naked picture of a 14-year-old girl.

In Massachusetts, sexting is being treated as a sexual crime that could result in adult charges and penalties, including time behind bars and mandatory registration as a sex offender. Meantime, prosecutors in other US states are also treating this latest teen craze seriously.

In Pennsylvania, a 15-year-old girl is suing a local prosecutor who is threatening to file an open lewdness charge against her and a friend for taking pictures of themselves in their bras and transmitting them via text. The teen, Marissa Miller, claims she did nothing wrong.

In another sexual crimes-related case involving a teenager using current technology to express her sexuality, child pornography and distribution of child pornography charges were filed in New Jersey against a 14-year-old girl who posted almost 30 nude pictures of herself on her MySpace Web site.

These arrests are sparking a debate on whether filing criminal charges is the right penalty for these teens, especially as many of them may not even be aware they are breaking the law.

‘Sext’ flick shocker: Holbrook police investigating phone video, Boston Herald, March 30, 2009
Girls threatened with porn charge sue prosecutor, AP, March 26, 2009
NJ girl, 14, arrested after posting nude pics on MySpace, Boston Herald, March 27, 2009

Related Web Resources:
Juvenile sex crimes far from uncommon, WickedLocal.com, February 10, 2009
‘Sexting’ in Massachusetts Could Lead to Child Pornography Charges and Sex Offender Status, Altman & Altman, LLP, March 24, 2009
“Sexting” Shockingly Common Among Teens, January 15, 2009
Massachusetts Sexual Offender Registry
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Yesterday, the daily Boston Criminal Lawyer Blog visited the subject of prostitution prosecution with more than a little sarcasm and attempts at humor. I trust I have made my position known as to prosecution prosecutions, not that you asked. The fact is, however, that prostitution is illegal regardless of my opinion. As such, being arrested for it can lead to jail time.
It can also ruin your life in other ways.

Take, for example, a recent case in Haverhill District Court. Malissa M., 29, (hereinafter, the “Defendant”), was arrested on charges of operating a house of prostitution. At the same time as her alleged crimes, she was on Massachusetts probation and going to school. She also had custody of her daughter.

Now? After she explained these concerns with the seemingly sympathetic police officers?

All three of these things, as well as her liberty, are at great risk.

The Defendant decided, instead of getting the advice of a lawyer first, to talk to law enforcement. The police often invite these types of conversations holding out the hope of leniency. Under Massachusetts law, they are allowed to mislead and blatantly lie, in order to gain a confession. Generally, there is no such leniency. In fact, it is not even the officers’ discretion once the district attorney becomes invo9lved. There is, however, a stronger case for the prosecution as a result of such statements.
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Today, the daily Boston Criminal Lawyer Blog checks in on the World’s Oldest Profession and the brave men and women in uniform who combat it every day.

Yes, it is time for a story about law enforcement vs. prostitution.

First, it would appear that a favorite tool of law enforcement is still the Craig’s List web site. This time, the threat to humanity was in Danvers where, earlier this month, two women were investigated and arrested after advertising on Craigs’s List.

Fatima B., 19, of Tewksbury, (hereinafter, “Defendant 1”)was arrested at a Motel 6 in Danvers on Friday, March 6, at 9:52 p.m. Danielle S. 25, of Revere, (hereinafter, “Defendant 2”) was also arrested at the scene, at 8:59 p.m. Danvers police arrested the two women after contacting them through Craig’s List, Danvers Police Chief Neil Ouellette said. Both women were charged with engaging in sexual conduct for a fee.
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Yesterday, outrage erupted in Natick District Court as a Boston homeless shelter resident stood with his attorney as his victims demanded his incarceration. The dramatic scene unfolded when the mother of a sexually abused child chastised the judge for allowing a sexual offender to remain free despite alleged parole violations.

John C., a level 3 sex offender (hereinafter, the “Defendant”) has already been convicted of assaulting Rachel F.’s (hereinafter, the “Mother”) 9-year-old daughter. Upon his release from serving a part of his sentence, he was ordered by the court to wear a GPS monitoring bracelet.

He has not done so.

The Defendant was given several months to comply with a court order to find new housing or find a way to charge the GPS device. He has been living at a local shelter For Homeless Veterans since being released from prison in December.

Without the GPS device.

Now, he was given more time to correct the violation.
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