Sex Crimes Rapes Laws

Massachusetts Sex Crimes Rapes

sris — Mon, 12 May 2008 08:53:48 +0000

In prosecution for unnatural sexual intercourse with child under 16 years of age, testimony concerning sexual paraphernalia possessed by defendant was relevant and admissible, in light of victim’s testimony that defendant had used vibrator on her. Com. v. King 387 Mass. 464, 441 N.E.2d 248 Mass. ,(1982)

If you need legal counsel regarding a Massachusetts sex crime or rape charge, then contact the Massachusetts sex crimes attorneys at the law offices of SRIS Law Group, PC, to speak with a Massachusetts sex crimes lawyer in your area.

Sex Crimes Rapes

Barnstable County Berkshire County Bristol County Dukes County Essex County Franklin County Hampden County Hampshire County Middlesex County Nantucket County Norfolk County Plymouth County Suffolk County Worcester County

Tags: Family+Law, Family+Law+Attorney, Family+Law+Attorney+Virginia, Family+Law+Attorney+Maryland, Family+Law+Attorney+Massachusetts, Sex+Crimes, Sex+Crimes+Virginia, Sex+Crimes+Maryland, Sex+Crimes+Massachusetts, Internet+Sex+Crimes, Rapes, Massachusetts+Rape, Virginia+Rape, New+York+Rapes, North+Carolina+Rapes, Maryland+Rapes

Massachusetts Sex Crimes Rapes

sris — Mon, 12 May 2008 08:53:39 +0000

In prosecution for unnatural sexual intercourse with child under 16 years of age, police officer’s testimony about what victim had told her concerning defendant’s sexual acts was admissible as evidence of fresh complaint, in light of evidence showing that victim’s complaints were reasonably prompt. Com. v. King 387 Mass. 464, 441 N.E.2d 248 Mass. ,(1982)

Sex Crimes Rapes

Massachusetts Sex Crimes Rapes

sris — Mon, 12 May 2008 08:53:28 +0000

“In prosecution for sexual offense, testimony concerning other sexual contacts between defendant and victim is admissible to render it not improbable that act might have occurred; however, evidence of separate sexual act with another person is inadmissible if it is unconnected in time, place, or other relevant circumstance to particular sex offense for which defendant is being tried, or if it has no tendency to show lecherous disposition toward victim named in indictment”. Com. v. King 387 Mass. 464, 441 N.E.2d 248 Mass. ,(1982)

Sex Crimes Rapes

Massachusetts Sex Crimes Rapes

sris — Mon, 12 May 2008 08:53:18 +0000

“In prosecution for unnatural sexual intercourse with child under 16 years of age, testimony of victim’s aunt that defendant had told her that he was having sex with the victim approximately four times a week, that defendant had admitted having oral sex with the victim’s younger brother, and that defendant had admitted using a dog on the victim and her brother was admissible for purpose of corroborating victim’s testimony and rendering it not improbable that acts charged might have occurred. Com. v. King 387 Mass. 464, 441 N.E.2d 248 Mass. ,(1982)

Sex Crimes Rapes

Massachusetts Sex Crimes Rapes

sris — Mon, 12 May 2008 08:53:08 +0000

“On appeal from conviction of rape and assault with intent to rape, Supreme Judicial Court could not take judicial notice of alleged fact that where both present charge and prior conviction relate to sex crimes, there are special inherent hazards in permitting jury to learn of prior conviction. Com. v. Leno 374 Mass. 716, 374 N.E.2d 572 Mass. (1978).

Sex Crimes Rapes

Massachusetts Sex Crimes Rapes

sris — Mon, 12 May 2008 08:52:59 +0000

“In prosecution for rape and assault with intent to rape, admission of records of defendant’s prior convictions of kidnapping and rape, for impeachment purposes only, did not deny defendant a fair trial”. Com. v. Leno 374 Mass. 716, 374 N.E.2d 572 Mass. (1978).

Sex Crimes Rapes

Massachusetts Sex Crimes Rapes

sris — Mon, 12 May 2008 08:52:46 +0000

“Defendant, who was convicted of failing to register as a sex offender after he returned reregistration form with inaccurate information, was not prosecuted for exercising his free speech rights; state had an interest in support of defendant’s conviction that was unrelated to suppression of free expression, and requirement that sex offenders register yearly was a legitimate law enforcement interest in ascertaining the whereabouts of persons who posed threat to public safety. Com. v. Fondakowski 62 Mass.App.Ct. 939, 821 N.E.2d 481 Mass.App.Ct.,(2005).

Sex Crimes Rapes

Massachusetts Sex Crimes Rapes

sris — Mon, 12 May 2008 08:52:36 +0000

“Counsel’s decision not to call convicted sex offender to testify during proceedings for his commitment as a sexually dangerous person did not amount to ineffective assistance of counsel, where offender’s testimony would have been cumulative of evidence offered at hearing and would thus not have materially assisted his defense”. Com. v. Sargent 449 Mass. 576, 870 N.E.2d 602 Mass. ,(2007).

Sex Crimes Rapes

Massachusetts Sex Crimes Rapes

sris — Mon, 12 May 2008 08:52:17 +0000

“Filing of trial petition in proceedings for convicted sex offender’s commitment as sexually dangerous person one day before filing of report of qualified examiners did not require dismissal of trial petition, where record indicated that state was proceeding on basis of completion of qualified examiners’ reports”. Com. v. Sargent 449 Mass. 576, 870 N.E.2d 602 Mass. ,(2007).

Sex Crimes Rapes

Massachusetts Sex Crimes Rapes

sris — Mon, 12 May 2008 08:52:08 +0000

“Trial court’s findings supporting its order for convicted sex offender’s commitment as sexually dangerous person were not clearly erroneous, where court specifically found that offender had mental abnormality of pedophilia, that such abnormality had not been treated, that pedophilia was chronic condition, and that diagnosis of pedophilia rendered offender more likely to reoffend”. Com. v. Sargent 449 Mass. 576, 870 N.E.2d 602 Mass. ,(2007).

Sex Crimes Rapes

Massachusetts Sex Crimes Rapes

sris — Mon, 12 May 2008 08:51:59 +0000

“Convicted sex offender failed to establish that he was deprived of counsel in making decision to undergo evaluation by qualified examiner, as required to warrant exclusion of examiner’s testimony in proceedings for offender’s commitment as sexually dangerous person; counsel was appointed for offender prior to interviews, offender submitted no evidence demonstrating that he did not have access to counsel prior to interviews or that he asked testifying examiner to reschedule interview so that he could consult with counsel, and did not contest examiner’s assertions that she told him about option of rescheduling, that she administered warnings as to confidentiality, and that he chose to undergo interview”. Com. v. Sargent 449 Mass. 576, 870 N.E.2d 602 Mass. ,(2007).

Sex Crimes Rapes

Massachusetts Sex Crimes Rapes

sris — Mon, 12 May 2008 08:51:50 +0000

“Judge may, in his or her discretion, permit counsel to be present during a psychiatric examination conducted for the purposes of proceedings on a petition for an offender’s commitment as a sexually dangerous person”. Com. v. Sargent 449 Mass. 576, 870 N.E.2d 602 Mass. ,(2007).

Sex Crimes Rapes

Massachusetts Sex Crimes Rapes

sris — Mon, 12 May 2008 08:51:39 +0000

“Assuming applicability of Sixth Amendment right to counsel in proceedings for a sex offender’s commitment as a sexually dangerous person, decision to undergo psychiatric evaluation was only “critical stage” of such proceeding entitling offender to presence of counsel”. Com. v. Sargent 449 Mass. 576, 870 N.E.2d 602 Mass. ,(2007).

Sex Crimes Rapes

Massachusetts Sex Crimes Rapes

sris — Mon, 12 May 2008 08:51:30 +0000

“Convicted sex offender was not entitled, under either state or federal constitution, to have counsel present during his psychiatric interview conducted for purposes of hearing on his commitment as sexually dangerous person, where interview was not critical stage of criminal proceedings and interview with qualified examiner did not confront offender with procedural system or require any decisions as to legal strategy or tactics”. Com. v. Sargent 449 Mass. 576, 870 N.E.2d 602 Mass. ,(2007).

Sex Crimes Rapes

Massachusetts Sex Crimes Rapes

sris — Mon, 12 May 2008 08:51:19 +0000

“Commonwealth showed “good cause” for delay in holding jury trial on its petition to have sex offender committed as a sexually dangerous person; statute governing care, treatment, and rehabilitation of sexually dangerous persons required jury trial to be held within 60 days of filing of petition requesting trial, but there was uncontradicted evidence that sex offender’s counsel had acquiesced in delay, timing of his counsel’s motions for funds to pay for necessary expert testimony indicated that he was not prepared to go to trial within 60-day period, and there was nothing to suggest that delay at issue substantially prejudiced sex offender”. Com. v. DeBella 442 Mass. 683, 816 N.E.2d 102 Mass. ,(2004).

Sex Crimes Rapes

Massachusetts Sex Crimes Rapes

sris — Mon, 12 May 2008 08:51:05 +0000

“With respect to statutory requirement that jury trial be held within 60 days to determine whether individual is sexually dangerous person subject to commitment, any request to continue case beyond 60-day period must appear on record, supported by “good cause,” with record made of judicial action taken, and reasons therefor; if court determines on its own motion that interests of justice require a continuance, record must so reflect, again with adequate findings, which findings must not simply repeat wording of statute, but must reflect specific grounds presented to judge”. Com. v. DeBella 442 Mass. 683, 816 N.E.2d 102 Mass. ,(2004).

Sex Crimes Rapes

Massachusetts Sex Crimes Rapes

sris — Mon, 12 May 2008 08:50:55 +0000

“Statute governing care, treatment, and rehabilitation of sexually dangerous persons requires that jury trial be begun within 60 days of filing of petition for trial”. Com. v. DeBella 442 Mass. 683, 816 N.E.2d 102 Mass. ,(2004).

Sex Crimes Rapes

Massachusetts Sex Crimes Rapes

sris — Mon, 12 May 2008 08:50:38 +0000

“Under Fourteenth Amendment, Sixth Amendment right to a public trial was applicable to defendant’s trial for sex crimes in state court”. Com. v. Marshall 356 Mass. 432, 253 N.E.2d 333 Mass. (1969).

Sex Crimes Rapes

Massachusetts Sex Crimes Rapes

sris — Mon, 12 May 2008 08:50:15 +0000

“Excluding mother, sister, brother, and friend of defendant during trial for sex crimes was violation of Sixth Amendment which provides that in all criminal prosecutions accused shall enjoy the right to a speedy and public trial”. Com. v. Marshall 356 Mass. 432, 253 N.E.2d 333 Mass. (1969).

Sex Crimes Rapes

Massachusetts Sex Crimes Rapes

sris — Mon, 12 May 2008 08:50:01 +0000

“Statute providing that at trial for sex crimes presiding justice may exclude general public admitting only persons having a direct interest in the case is to be strictly construed in favor of general principle of publicity”. Com. v. Marshall 356 Mass. 432, 253 N.E.2d 333 Mass. (1969).

Sex Crimes Rapes

Massachusetts Sex Crimes Rapes

sris — Mon, 12 May 2008 08:49:52 +0000

“Admission of police report describing offender’s sexual assault of 12-year-old victim in proceeding to commit offender as a sexually dangerous person did not violate due process, although report was not redacted to remove reference to offender’s alleged sexual assault of a six-year-old boy, which did not result in criminal charges; offender plead guilty to charges involving the 12-year-old victim, and her statement concerning the six-year-old boy was part of her detailed description of the circumstances of offender’s sexual assaults on her”. Com. v. Given 441 Mass. 741, 808 N.E.2d 788 Mass. ,(2004).

Sex Crimes Rapes

Massachusetts Sex Crimes Rapes

sris — Mon, 12 May 2008 08:49:32 +0000

“Proceedings to commit offenders as a sexually dangerous persons are civil and not penal; hence, the right of confrontation secured to a defendant in criminal cases under Declaration of Rights is not involved”. Com. v. Given 441 Mass. 741, 808 N.E.2d 788 Mass. ,(2004).

Sex Crimes Rapes

Massachusetts Sex Crimes Rapes

sris — Mon, 12 May 2008 08:49:03 +0000

“Police report memorializing 12-year-old victim’s account of offender’s sexual assault, which was admissible in proceeding to commit offender as a sexually dangerous person as a police report relating to offender’s prior sexual offenses, was not required to be redacted to remove portion describing victim’s statement that offender molested a six-year-old boy at the same time he molested her; although assault of the boy did not result in additional criminal charges, victim’s statement related to the circumstances of her abuse”. Com. v. Given 441 Mass. 741, 808 N.E.2d 788 Mass. ,(2004).

Sex Crimes Rapes

Massachusetts Sex Crimes Rapes

sris — Mon, 12 May 2008 08:48:47 +0000

“Police report memorializing 12-year-old victim’s account of offender’s sexual assault was admissible in proceeding to commit offender as a sexually dangerous person as a police report relating to offender’s prior sexual offenses, where victim’s allegations gave rise to indictments to which offender pleaded guilty”. Com. v. Given 441 Mass. 741, 808 N.E.2d 788 Mass. ,(2004).

Sex Crimes Rapes

Massachusetts Sex Crimes Rapes

sris — Mon, 12 May 2008 08:48:38 +0000

“Hearsay that is inadmissible under the rules of evidence is inadmissible in a proceeding to commit an offender as a sexually dangerous person, unless the evidence is made admissible by statute”. Com. v. Given 441 Mass. 741, 808 N.E.2d 788 Mass. ,(2004).