Brian Racine is forty six years old. He is registered under Massachusetts law as a level three Sex Offender. He is now in the fight of his life, fighting allegations that he committed Indecent Assault and Battery on a Child Under the Age of 14, a Second or Subsequent Offense on several occasions back in 2008. The Lowell Sun has been reporting the trial. The victim, who was eight years old at the time of the alleged incident apparently testified that Racine put his hand in the boys’ pants and moved his private parts. The two were watching a cartoon and the boy was sitting on Racine’s lap. According to the prosecution the boy and his family were staying with Racine while looking for their own place to live. Within a couple of weeks the abuse started. The boy said nothing for a couple of days. Then, when his family left Racine’s home the disclosure was made to his mother. Racine has been convicted on two other occasions of Sex Crimes. He was convicted in 1983 for an undisclosed offense. In 2003 he was convicted of Possession of Child Pornography if Federal Court. For that conviction he was sentenced to forty one months. Racine also faces prosecution for a 2009 case wherein he is accused of committing Rape of a Child with Force, Indecent Assault and Battery on a Child Under the Age of Fourteen, Second or Subsequent Offense and Assault With the Intent to Commit Rape. The current case is being prosecuted in the Middlesex Superior Court in Woburn.
In 2005, in response to a horrific crime, the state of Florida enacted a law that became known nationally as Jessica’s Law. Jessica Lunsford was a nine year old who was killed by a sexual deviant who had been convicted of sex crimes against a child in the past. The law required lengthy minimum mandatory sentences for people who had been convicted of committing Child Sex Crimes. A bill similar to the Florida law was introduced to Congress but it never passed. That did not stop over forty states from adopting a similar law. The Massachusetts version is what Racine is being prosecuted under. The law in Massachusetts went into effect in 2008. The version of the law that Racine is defending against is codified in G.L. c. 265 §13B ¾. That section makes a conviction for this offense punishable by a minimum mandatory fifteen years in state prison. The prior Sex Crime Conviction enhances the sentence. In this case the outcome is simple. If the jury believes the victim, who is now eleven, Racine will serve at least fifteen years in prison. He could face up to life in prison. With a record like his and with a pending similar offense, no sentence would come as a surprise to a Massachusetts Sex Crimes Defense Lawyer.
Sex Crimes Cases in Massachusetts are taken very seriously by prosecutors, judges and jurors. In order to protect yourself from allegations of Sexual Assault you need to hire the best lawyer around. Our office has successfully defended against these charges on countless occasions. Our lawyers have years of experience. Call us at 617-263-6800 or contact us online. For charges like these you need a lawyer now.