Articles Posted in Rape

According to the Boston Herald, a Middlesex County Grand Jury has returned indictments charging former Melrose YMCA girl’s basketball coach James Conner from North Reading Massachusetts with sexual assaults including rape and indecent assault and battery. The Herald reports that Middlesex District Attorney Gerry Leone maintains that Conner assaulted the victims over several years at his North Reading home. Conner is charged with raping two of his players and videotaping his sexual assaults with hidden cameras.

Conner posted $25,000 bail following his first arraignment in February. The court has not set a new date for arraignment relating to the new charges.

If Conner is convicted for rape he faces the potential of life in prison. In view of the fact that it is alleged that the victim is a “minor” Conner is likely charged with statutory rape. In those circumstances, consent is not a defense. Relative to the charge of indecent assault and battery on a person under fourteen, M.G.L. Chapter 265 section 13 B provides for a punishment in state prison for up to ten years. Additionally, relative to prosecution under this section, a child under the age of 14 years shall be deemed incapable of consenting to any conduct of the defendant for which such defendant is being prosecuted.

Continue reading

Richard Jones of Marblehead, Massachusetts is a janitor at an elementary school in that town. He now stands indicted on four counts of rape of a child with force and four counts of indecent assault and battery on a person under the age of fourteen. According to reports, two of the victims were from Marblehead and one of the victims was from Peabody. They complained that Jones touched them inappropriately, forced them to perform oral sex on him and digitally penetrated them. The allegations pertaining to the Peabody girl stem from incidents alleged to have occurred between 1982 and 1986. The allegations pertaining to the other victims are more recent, ending in 2007. This case will be prosecuted in the Essex County Superior Court in Salem.

Read Article: Child Rape Charges Issue For Marblehead Man

Rape of a child with force is a crime under G.L. c. 265 Section 22A. The law states that anyone who has forcible sex with a person under the age of sixteen can be punished in state prison for up to life. A conviction for a second offense under this statute carries a minimum mandatory five year state prison sentence. The indecent assault and battery charge is governed by G.L. c. 265 Section 13B. There is a ten year state prison sentence authorized by this statute.

The very nature of these cases makes them difficult to defend. The natural reaction for someone reading about charges is “Why would anyone make up a story like this”. There are countless answers to this question making it imperative that you hire the right Massachusetts Sex Crimes Defense Lawyer to defend you if you are charged with one of these crimes.

Continue reading

There was not a dry eye in the audience when a Norfolk County Jury convicted Ryan Bois for the death of a six year old Weymouth girl. According to the Boston Globe, in a courtroom filled with emotion, Judge Janet Sanders told a packed courtroom that this was the “worst she has seen in her fourteen years a a judge” before she imposed four life term sentences. Bois was convicted for the rape, murder and kidnapping of his six year old cousin, Joanna Mullin. According to news reports, the trial lasted six days and the jury deliberated for 8 hours before convicting Bois of first-degree murder, two counts of rape, home invasion, kidnapping, larceny of a motor vehicle, larceny under $250, malicious destruction of property under $250, failure to stop for a police officer and negligent operation of a motor vehicle.

During the trial the defense maintained that Bois, 22 years old, was not guilty by reason of insanity. According to the Boston Globe, the Norfolk County prosecutor countered claiming that Bois’s action were calculated when he raped his young cousin, wrapped her body in bed sheets and a quilt, stole keys to his grandmother’s sport utility vehicle, and put the body in the back seat. The prosecutor presented evidence indicating that after committing this horrific crime, Bois called an acquaintance to get some drugs and during this conversation asked the acquaintance how to dispose of a body.

Understandably unable to listen to the details that led up to their daughter’s death Mullins parents stayed away during the trial. However, many relatives and friends attended the trial at the Norfolk Superior Court located in Dedham, Massachusetts. After the jury returned the guilty verdict the prosecutor read the victim impact statement that Joanna’s parents prepared.

Joanna’s aunt, informed the convicted murderer that, “. . . we did nothing but try to help you get your life together because you were family. . . There will never be an explanation that will mend the hole in our hearts. And in our minds, this is truly the ultimate betrayal. Our beautiful, perfect daughter should still be here today. Because of you, she is not.”

There are a number of theories that a prosecutor can present to a jury to secure a verdict for first degree murder. The most common theory is that a person commited a killing with deliberate premeditation with malice aforethought. To sustain a verdict under this theory the government must prove that the act of killing was the result of deliberate planning. It is not necessary that the prosecutor demonstrate that the killer had an elaborate plan, the deliberation can take a few hours, minutes or seconds. It is the deliberative process, no matter how long or short, that is forbidden.

Depending on the facts of a case, an experienced defense attorney can mount a successful defense of self-defense, defense of another or prove that the defendant was not the individual that committed the crime and it is a case of misidentification.

Continue reading

The Boston Globe recently reported that a girls basketball coach at the Melrose YMCA was arrested and charged with rape and indecent assault and battery on a child under fourteen. According to the Boston Globe, the Middlesex County District Attorney alleges that the Reading defendant, “. . . over the course of a number of years, violated the trust placed in him as a coach of young girls and sexually assaulted this young victim.” The North Reading Police Chief stated that, “Because of the way that the suspect operated, our investigators are concerned that there could be additional victims who have not yet come forward.” The Reading resident was arraigned in the Woburn district court. However, the Middlesex County Grand Jury will likely indict the defendant and the case will proceed through the Middlesex Superior Court now located in Woburn, MA.

The maximum penalty for the crime of rape [M.G.L.A. 265 § 22] is life in prison. In order for the District Attorney to prove someone guilty of rape, it must prove that the defendant compelled another to have intercourse by force against an individual’s will or compelled by threat of bodily injury. Although the crime of rape in Massachusetts is a crime of violence, the force used to accomplish the rape need not be physical force. Additionally, in certain circumstances the force necessary for the District Attorney to prove rape may be constructive force as well as physical force, violence, or threat of bodily harm. However, if Commonwealth relies on constructive force it must also prove that sexual intercourse was against the victim’s will.

The maximum sentence for a defendant who is convicted for indecent assault and battery on a child under fourteen [M.G.L.A. 265 § 13B ] for the first time is two and one half years in jail or ten years in state prison. For proceedings under this statute, a person under fourteen years of age is considered incapable of consenting to the conduct of the defendant.

In Massachusetts, a touching is considered indecent when the conduct of the defendant violates social and behavioural expectations to such a degree that A touching is indecent, within meaning of statute governing indecent assault and battery, when, judged by the normative standard of societal mores, violates social and behavioural expectations, in a manner which is fundamentally offensive to moral values and which the common sense of society would regard as immodest, immoral and improper.

Continue reading

The Salem News reported that an eighteen year old was charged with two counts of rape, assault and battery and witness intimidation on a college student. According to the prosecutor, the pair left a party and went to the defendant’s home when the incident occurred. At the arraignment it was represented that the defendant’s sister and mother were home and did not hear anything. The defendant denies the charges.

In order to prove the defendant guilty of rape the prosecution must prove beyond a reasonable doubt that the defendant engaged in sexual intercourse with another compelled by force and against the complainant’s will or compelled by threat of bodily injury. The term “threat” only requires that the threat cause fear reasonable in the circumstances so that it was reasonable for the complainant not to resist. The force used to accomplish rape does not have to be physical force.

There is well settled case law that relates to situations when there is a question relative to whether the complainant was compelled to engage in intercourse against her will. In Massachusetts, the fact that an individual obtained intercourse via fraud in the inducement does not constitute force necessary for rape. For example, the Supreme Judicial Court recently held that a rape did not occur where the defendant impersonated the complainant’s boyfriend in order to engage in sexual intercourse, and the complainant believed that she was engaging in relations with her boyfriend.

Continue reading

Contact Information