Have you been charged with a sex crime in Massachusetts? Coming under investigation and prosecution for a sex offense is a stressful, anxiety-inducing process. However, you don’t have to face the criminal justice system alone. Criminal defense attorney Darren T. Griffis has over a decade of experience defending clients in state and federal courts throughout Massachusetts and Rhode Island. He has advocated in trial and appellate courts, including cases before the Massachusetts Court of Appeals and the Supreme Judicial Court. Put him on your side today when you contact our office for an initial case review with a sex crimes defense attorney in Massachusetts.
Types of Sex Crime Cases We Handle
After an arrest in Massachusetts, criminal defense attorney Darren Griffis can help you face and pursue a fair resolution to charges involving sex-based offenses such as:
- Rape: Massachusetts law defines rape as having sexual intercourse with a person by compelling such person to submit by force or threat of injury against their will. A person may commit aggravated rape if they severely injure a victim, commit rape as part of a joint enterprise, or commit rape during the commission or attempted commission of various other offenses.
- Indecent assault: In Massachusetts, an indecent assault occurs when a person touches another individual’s private parts, whether directly or through clothing, without that individual’s consent or knowledge, or legal justification. Aggravated indecent assault may occur with a victim under 14, an elderly adult, or a person with a physical or cognitive disability.
- Enticing a child: A person commits a crime under Massachusetts law when they lure, induce, persuade, tempt, coax, or invite a child under 16 to enter or remain in a vehicle, building, or outdoor space with the intent to commit or allow another person to commit a sexual offense against the child.
- Lewd and lascivious behavior: A person engages in lewd or lascivious behavior when they intentionally and openly expose their genitals, buttocks, or breasts in public or in private in the presence of other persons in a manner that would shock, alarm, or distress other people.
- Production, distribution, and possession of child pornography: Massachusetts law makes it a crime to create, disseminate, or possess any visual material depicting a child in a state of nudity or engaged in sexual conduct.
- Engaging in, promotion, or solicitation of prostitution: Massachusetts prohibits engaging in prostitution or soliciting another individual for commercial sexual services. Furthermore, a person may engage in a more serious criminal offense by promoting or enticing/encouraging others (especially minors) to engage in prostitution.
- Sex trafficking: State law prohibits subjecting, recruiting, enticing, harboring, or transporting any person to engage in commercial sexual activity or the production of unlawful pornography.
Consequences of a Sex Crimes Conviction
A conviction on sex charges in Massachusetts can have significant, long-lasting consequences. First, most sex crimes will result in felony charges that can impose prison terms and substantial fines. The potential sentence that a defendant convicted of sex crimes may face will depend on the specific offense, with the most severe sex crimes having maximum terms of life imprisonment.
Furthermore, most sex crime convictions will result in a defendant facing an obligation to register as a sex offender. Sex offender registration obligations require offenders to report periodically to law enforcement and promptly update police of any changes in address, employment, vehicle registration, or contact information.
Finally, a sex conviction will result in an individual having a criminal record. A record with a sex conviction may disqualify individuals from some jobs, especially those involving access to children or vulnerable individuals. A criminal record can make seeking other forms of employment, housing, or educational opportunities more challenging.
Given the potential consequences of a sex crimes conviction, working with experienced legal counsel will become critical to protecting your reputation and future.
Defenses to Sex Charges
People facing sex charges in Massachusetts may have various defenses they can present to fight the prosecution’s charges, depending on the facts and evidence in the case. Common defense strategies pursued in sex cases include:
- Consent: Many sex crime cases turn on the issue of whether an alleged victim gave valid consent to the sexual activity, as a defendant may assert that the alleged victim gave and did not withdraw consent to the act.
- Lack of aggravating factors: A defendant may seek to reduce the grading of a sex charge by arguing that the evidence fails to prove aggravating circumstances, such as severe injuries sustained by the victim.
- Mistaken identity: Defendants may challenge the reliability of a victim’s or eyewitness’s identification of the defendant as the assailant or argue that the police used unduly suggestive identification procedures with a victim or witness. Defendants may also present alibi evidence to prove they were elsewhere when the alleged crime occurred.
- Unreliable forensic evidence: A defendant may present expert testimony and scientific evidence to contest the reliability of DNA, fingerprint, or other forensic evidence purporting to identify the defendant as the assailant.
- Unlawfully obtained evidence or statements: Defendants frequently seek to exclude evidence from the government’s case by arguing that police obtained evidence through an unlawful search or interrogated the defendant after detention or arrest without advising them of their rights.
Defense strategies may also focus on presenting evidence tending to show that the alleged victim fabricated the allegations and had a motive to do so, such as to retaliate against the defendant or gain an advantage in another legal proceeding, such as a divorce or child custody case.
How Can an Attorney Help with Your Defense?
Following an arrest or indictment on sex charges, defense lawyer Darren Griffis can help you seek a positive resolution to your case by:
- Investigating your charges to obtain all available evidence, including evidence beyond that in the prosecution’s case file
- Reviewing the facts to identify potential defense strategies
- Helping you understand your charges and the potential outcomes of your case and preparing you for what to expect in the criminal justice system
- Contesting the government’s case at every step, including filing motions to exclude evidence or reduce or dismiss your charges as applicable
- Vigorously pursuing a favorable outcome, even when that means going to trial to fight the prosecution’s case or advocate for your innocence
Contact Criminal Defense Attorney Darren Griffis Today
If you’ve been arrested and charged with a sex crime in Massachusetts, you need experienced legal advocacy to protect your rights, reputation, and future. Contact sex crimes defense attorney Darren Griffis today for a free, confidential consultation to discuss your options for pursuing a favorable resolution to your sex charges.