K.M. Allen of Lynn, Massachusetts has been indicted by an Essex County grand jury on counts of Rape of a Child, Exhibiting a Child in a State of Nudity and Enticing a Child For Sexual Purposes. The defendant met the victim on MySpace. He represented himself to be a movie producer looking for women who he offered to pay. The victim is from Boston. It is alleged that she and Allen exchanged nude pictures over the internet. In July the two met in person and had sex with one another at Allen’s home. A search of Allen’s home revealed the photographs the victim sent Allen. A computer that was seized from his home is being analyzed by the prosecution. The case will be prosecuted in the Essex County Superior Court in Salem.
Massachusetts General Laws Chapter 265 Section 23 makes Statutory Rape a crime in Massachusetts. The law itself refers to the act as “Rape of a Child”. It states specifically that anyone who “unlawfully has sexual intercourse or unnatural sexual intercourse, and abuses a child under 16 years of age, shall be punished”. The conviction carries with it a potential life sentence. Consent is not a defense to Rape of a Child, nor is ignorance of the victim’s actual age. In essence, the only defense to this charge is that the act never happened. These cases are not always easy to prove. The victim is not always the person who reports the rape. Many times it is a friend in whom she confided or a family member, particularly a parent who found out about the act by reading emails or text messages. The victim’s reluctance to testify or, in some instances her denial of the occurrence hinders the prosecution. Corroborative evidence eases the district attorney’s task in many respects. For instance, in this case the pictures, while not necessarily proof of rape are extremely damaging to the defense. They also serve as the basis for the prosecution of the other counts, a violation of M.G.L. c. 272 Section 29A. A conviction for this crime carries a minimum ten year state prison sentence. The severity of these charges suggests that Mr. Allen needs an Experienced Massachusetts Criminal Defense Lawyer to defend this case.
Attorney Stephen Neyman has been defending Sex Crimes in Massachusetts or over 20 years. These cases require the skill and experience of a seasoned lawyer who is willing to immediately investigate the allegations and mount a vigorous defense. If you have been charged with one of these crimes call us now at 617-263-6800 or contact us online.