what kind of lawyer if you dealing with sexual assault in massachusetts

by Antonetta Reilly 4 min read

Criminal defense attorneys who specialize in sex offenses assist clients charged with sexual assault, molestation, indecent exposure, prostitution, and sex crimes that involve a minor. Sex offense criminal defense attorneys excel in detailed investigations of cases to determine the validity and credibility of complaining witnesses.

Full Answer

Do you need a lawyer for sexual abuse?

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What can a sexual harassment lawyer do for me?

This decision upheld the court's 1959 decision in Commonwealth v. Goldenberg, 338 Mass. 377, which held that "it is not rape when consent to sexual intercourse is obtained through fraud or deceit." The court called on the Legislature to amend the rape statute, G. L. c. 265, § 22, if they felt that sex through fraud should be categorized as rape.

What are the laws for sex offenders in Massachusetts?

Massachusetts laws. § 1: Sexual harassment is sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when: a) submission or rejection thereof become the basis for employment decisions or a term or condition of employment. (Quid pro quo) or b) it has the purpose or effect of unreasonably interfering ...

What does a sex offense criminal defense attorney do?

According to the Bureau of Justice Statistics, rape and sexual assault victimization have increased steadily over the years. In 2013, 300,165 people were victimized by rape or sexual assault. In 2017, that number was 393,979. Our sexual assault attorneys at Morgan & Morgan are committed to serving the needs of those who have suffered through a sexual assault or rape.

Can sexual assault cases be settled?

Whether or not you choose to settle a sexual abuse case is up to you. While your attorney will give you legal advice, you can agree to settle or decide to go to court.

What is the definition of sexual assault in Massachusetts?

In Massachusetts, sexual assault is defined as any crime in which the offender subjects the victim to sexual touching that is unwanted and offensive. The unwanted sex act is one that is forced upon someone, whether it is penetration or simply sexualized touching.

Is sexual assault a major crime?

A sex crime—particularly sexual assault, rape, or criminal sexual penetration—is a very serious charge. A conviction for rape or even misdemeanor sexual battery can seriously impact your life. You could face a lengthy prison sentence and the stigma of being a convicted felon.

What is the new sexual assault law?

The new bill seeks to strip judges of their ability to sentence offenders to only probation in cases of sexual assault where the victim is incapacitated or unconscious. Had the passed bill been in effect while Brock was being convicted, the student would have faced a minimum of three years in prison. CA Gov.

How long do child molestors go to jail for in Massachusetts?

16: Open and gross lewdness - Up to three years in state prison or up to two years in jail. MGL c. 272, s. 35A: Unnatural and lascivious acts with a child under 16 - Up to five years in state prison or up to 2.5 years in jail.

Can a 16 year old date a 18 year old in Massachusetts?

The age of consent is the age when a person can consent to sexual intercourse and sexual contact with another individual over 21 years old. In Massachusetts, the age of consent is 16 years old. This means minors aged 15 or younger in the state cannot legally consent to sexual activity.Jul 9, 2019

How many sexual assaults go unreported?

The Majority of Sexual Assaults Are Not Reported to the Police. Only 310 out of every 1,000 sexual assaults are reported to police. That means more than 2 out of 3 go unreported.

What is hr4445 law?

H.R. 4445 - 117th Congress (2021-2022): Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 | Congress.gov | Library of Congress.

What is the forced arbitration act?

The new law amends the Federal Arbitration Act and allows employees subject to pre-dispute mandatory arbitration agreements to pursue in court their claims related to sexual assault or sexual harassment. The law allows workers to choose how to pursue their cases after sexual assault or harassment has occurred.Mar 3, 2022

Selected Massachusetts case law

College-Town, Division of Interco Inc. v. Massachusetts Commission Against Discrimination, 400 Mass. 156 (1987)#N#The court established a strict liability rule whereby the employer is liable for acts of its supervisory personnel.

Selected federal case law

Burlington Industries v. Ellerth, 524 US 742 (1998)#N#"An employer is subject to vicarious liability to a victimized employee for an actionable hostile environment created by a supervisor with immediate (or successively higher) authority over the employee.

Web sources

About sexual harassment in the workplace, Mass. Commission Against Discrimination, including guidelines for complying with MGL chapter 151B.

Print sources

Drafting employment documents in Massachusetts, MCLE, updated Feb. 2019.#N#Investigating sexual harassment complaints (ch. 15) and Resolving sexual harassment complaints (ch. 16)

Is sexual assault a civil or criminal charge?

Criminal and Civil Claims. While sexual assault is a crime, the burden of proof in criminal court is high. The assault must be proved without a reasonable doubt. However, this crime may also be prosecuted in civil court.

What is sexual assault?

First, sexual assault means any nonconsensual act that is defined by federal, state, or tribal law, even if the victim cannot consent to the sexual activity. Rape and sexual assault are rarely crimes of passion. They are about gaining control over the victim.

Why don't people report sexual assaults?

Many people may not report a sexual assault because they don’t believe that what happened to them is an assault in the eyes of the law or they think the authorities won’t believe them. Others may not report a sexual assault because they are afraid of public scrutiny.

Is sexual assault a crime?

While sexual assault is a crime, the burden of proof in criminal court is high. The assault must be proved without a reasonable doubt. However, this crime may also be prosecuted in civil court. Even if the perpetrator receives a sentence in criminal court, you may be able to sue them in civil court for compensation. You could receive remuneration for:

Can you sue your spouse for sexual assault?

Additionally, if you were sexually assaulted, this may have an effect on your spouse. You may be able to sue on behalf of a spouse who suffers from anger, loss of sexual intimacy, fear, and resentment. These feelings cause a rift in your marriage and could even destroy the relationship.

Is it the victim's fault that they were raped?

The most important thing you should know is that it is never the victim’s fault that they were sexually assaulted or raped. Our sexual assault lawyers understand that keeping your case as confidential as possible is necessary.

What is the definition of a child assault?

assault of a child with intent to commit rape; kidnapping of a child; enticing a child under the age of 16 for the purposes of committing a crime; enticing away a person for prostitution or sexual intercourse; drugging persons for sexual intercourse; inducing a minor into prostitution;

What is an incestuous marriage?

incestuous marriage or intercourse; disseminating to a minor matter harmful to a minor; posing or exhibiting a child in a state of nudity; dissemination of visual material of a child in a state of nudity or sexual conduct; possession of child pornography; unnatural and lascivious acts with a child under 16;

What is the age of enticing a child?

enticing a child under the age of 16 for the purposes of committing a crime; enticing away a person for prostitution or sexual intercourse; drugging persons for sexual intercourse; inducing a minor into prostitution; living off or sharing earnings of a minor prostitute; second and subsequent conviction for open and gross lewdness ...

What is the definition of nudity?

posing or exhibiting a child in a state of nudity; dissemination of visual material of a child in a state of nudity or sexual conduct; possession of child pornography; unnatural and lascivious acts with a child under 16; aggravated rape; and.

What is chapter 274?

any attempt to commit a violation of any of the aforementioned sections pursuant to section 6 of said chapter 274 or a like violation of the laws of another state, the United States or a military, territorial or Indian tribal authority.

Selected federal laws

42 USC § 13663 Ineligibility of dangerous sex offenders for admission to public housing

Selected case law

Comm. v. Barnes, 481 Mass. 225 (2019)#N#Under the dangerousness statute, G. L. c. 276, § 58A, a person charged with statutory rape cannot be held without conditions of release prior to trial.

Search sex offender information

Information about sex offenders, Mass. Sex Offender Registry Board#N#How to Search Sex Offender Information in Massachusetts

How long does a minor have to be abused?

260 § 4C Statute of limitations for sexual abuse of minors (civil cases)#N#"Actions of tort alleging the defendant sexually abused a minor shall be commenced within 35 years of the acts alleged to have caused an injury or condition or within 7 years of the time the victim discovered or reasonably should have discovered that an emotional or psychological injury or condition was caused by said act, whichever period expires later; provided, however, that the time limit for commencement of an action under this section is tolled for a child until the child reaches eighteen years of age."

What is the purpose of the Archdiocese of Boston report?

Attorney General#N#91-page report with 3 main objectives: " (1) to determine whether children were still being sexually abused, or were at risk of being sexually abused by priests or other church workers ; (2) to determine whether the conduct of the Archdiocese and its managers in responding to allegations of sexual abuse, or failing to prevent sexual abuse, was criminal and, if so, whether prosecution was appropriate and not time-barred by the statute of limitations, and; (3) to use all available means to ensure that children would be protected in the future."

What is sexual harassment?

Sexual harassment can include unwelcome sexual advances, requests for sexual favors, the promise of rewards for sex, and other verbal or physical harassment of a sexual nature. If you've been a victim of sexual harassment, there are certain steps you need to take to protect yourself legally; an experienced sexual harassment attorney will advise you ...

Where does sexual harassment take place?

Sexual harassment can take place anywhere: in public, at school, at work, or even at home. For example, you may feel you were fired for refusing to go on a date with your boss, or had a teacher or manager touch you inappropriately at school or work.