A thirty seven year old Somerville, Massachusetts man who was riding the Green Line MBTA last week is accused of exposing himself to a Brighton woman. Boston.com reports that a woman boarded a trolley in the Allston, Brighton area. She observed the defendant approaching her. She looked down and saw his penis exposed and being stroked. Once he realized that she was looking he pulled down his sweatshirt to cover the exposed area. The woman screamed. The man apologized and got off the trolley. The victim followed him, grabbed him and waited for the police to arrive. The man told the police that his shorts must have fallen down due to the fact that the trolley was crowded and moving erratically. The case will be prosecuted in the Brighton District Court.
Strange as it may sound this is not an unusual incident. Since becoming a Massachusetts Criminal Defense Lawyer I have defended scores of cases just like this one. The MBTA seems to be a popular place for people to engage in this sort of behavior. However, our clients have been accused of doing this on buses, in airport terminals, on planes, in cars and out in the open while walking down busy city streets. If the person does not have a criminal record a typical result for resolving these matters would be a continuance without a finding with an evaluation and treatment as recommended by the probation department. On several occasions we have engaged psychologists to examine the accused and prepare an “aid in sentencing”. The psychologist will run our client through a battery of tests, interview him, interview family members, review the police reports, the accused’s criminal history and more. From this a report will be generated that will identify the problem, its triggers, cures or management tools to address the problem and the likelihood of reoffending or engaging in more egregious criminal conduct. These aids in sentencing comfort prosecutors and judges in recommending or imposing sentences that give the accused another chance.
Indecent Exposure in Massachusetts is a misdemeanor. It is proscribed by Massachusetts General Laws Chapter 272 Section 53. There is a maximum penalty is six months in the house of correction. The defendant in this case might face a charge of Open and Gross Lewdness. This charge is a felony and punishable by up to three years in prison. Open and Gross Lewdness is more difficult to prove than Indecent Exposure. A continuance without a finding is typically an option for resolving this crime as well however an aid in sentencing will become more necessary in this situation.
The Law Offices of Stephen Neyman has handled Sex Crimes in Massachusetts successfully for over twenty years. We encourage you to review our Case Results pages for specific references to cases like the one discussed in this article. We can be reached at all hours by calling 617-263-6800. You can also email us. Start your defense by talking to one of our lawyers.