Articles Posted in Sex Crimes

Ronald Keplin of Woburn, Massachusetts and Xiu Chen of Medford, Massachusetts are being arraigned today in the Somerville District Court. Both are being charged with Deriving Support from Prostitution, Human Trafficking and Keeping a House of Ill Fame. Wickedlocal.com reports that Chen and Keplin ran a large enterprise spanning several Massachusetts cities and town including Billerica, Wilmington, Woburn, Bedford, Medford and Reading. Women were brought in from several neighboring states on buses and housed in places considered substandard. They were made to work daily primarily in massage parlors and wellness centers. During a press release it was alleged that the victims in these operations were promised legitimate jobs thereby making their move to Massachusetts attractive. In reality, they were forced into a life of prostitution. It is further alleged that these victims were threatened and implicitly forced to remain in the employ of the defendants. Their services were advertised on the Internet. Transportation to and from the business establishments was provided by Chen and Keplin as were housing accommodations. The defendants will probably be prosecuted in the Middlesex Superior Court.

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Massachusetts Sex Trafficking Defense Lawyer

Lawyers Who Defend Sex Crime Allegations in Middlesex County Massachusetts

Any Massachusetts Criminal Lawyer will tell you that Human Trafficking Cases in Massachusetts are being indicted at a rapid pace. What used to be known as pimping cases has evolved into this new crime called Human Trafficking. That is due in part to federal funding of local law enforcement agencies to fight this activity and a public outcry against the criminal exploitation of women. The crimes themselves have become much more of a global problem due to the facility with which these enterprises can be operated through the use of the Internet. The Human Trafficking Statute permits and in some instances mandates sentences much greater than the pimping statute. This makes your choice of a criminal lawyer more important now than ever before. An experience lawyer might try and win your case. But there are instances where it might be more beneficial to have the charges reduced to something more consistent with the act actually committed rather than the sometimes sensationalized accusation of Human Trafficking.

So how can someone like Keplin or Chen defend this case? Much of that depends on who will be testifying against them and how that person connected with law enforcement. Usually, one of the women working at the establishment gets arrested for an act of Prostitution. Then, for self-preservation purposes that person tells a story much more exaggerated than the real event. Their cooperation can result in charges not getting filed or pending charges being dismissed. Absent some significant corroboration from of this person’s story what looked like a horrible Human Trafficking story becomes a simple prostitution case and the defendants no longer face lengthy prison sentences.

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According to a report on Boston.com, Dane Mullin, a Salem, Massachusetts man is accused of committing an Indecent Assault and Battery on a woman in Boston this past Tuesday. The incident occurred on a Green Line train during the morning commute. Mullin, a level three Sex Offender has open cases in the Salem District Court as well. One of these is for Failure to Register as a Sex Offender. Mullin is also on probation after being convicted of similar incidents just a few months ago. Mullin’s convictions for Massachusetts Sex Crimes date back to 2007. In addition to the new charges Mullin faces a Probation Violation proceeding.

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Massachusetts Sex Crimes Defense Law Firm

Indecent Assault and Battery Lawyers in Massachusetts

So just how big are Mullins’ problems? Well, lets first look at the underlying crime. Indecent Assault and Battery in Massachusetts is a felony. It is punishable by up to five years on state prison. While I doubt that this case will be indicted Mullin is still facing a two and a half year jail sentence. He is also subject to incarceration for the Probation Violation. Moreover, he is probably looking at Community Parole Supervision for Life. This subjects Mullin to the jurisdiction of the parole board for life. This statute, M.G.L. c. 127 Section 133D treats the defendant as if he or she is on parole. The parole board establishes terms and conditions that the violator must adhere to. The parolee cannot file a petition to terminate for at least fifteen years. Then, termination can occur only with a vote of the majority of the parole board members. Termination proceedings require sex offender evaluations as well. Here is another aspect of the Massachusetts Lifetime Community Parole statute that can impact the offender. A violation of the conditions of parole require a thirty day jail sentence. a second violation results in a six month sentence and a third results in the parolee serving a year. If the violation is the result of another criminal offense then these sentence run from and after the sentence on the new criminal case.

Mullin has some significant criminal defense issues in front of him. Possible lifetime parole, an imminent jail sentence for his Probation Violation, the new case and answering to the warrants will keep his Massachusetts Criminal Lawyer busy for some time.

Sometimes in cases like this one enlisting an expert in the field of Sex Offenses can be helpful. Sex offender evaluations and sentencing recommendations often guide judges in ordering a sentence that addresses the offender’s issues, protects society and mitigates the length and conditions of the sentence. I have found this quite helpful on many occasions. Judges and prosecutors can be influenced by thorough professional evaluations and recommendations.

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This past October Daniel Goichman of Southborough, Massachusetts was charged in the Westborough District Court on charges of Possession of Child Pornography. It is alleged that while online he solicited minors. His home was searched and a Search Warrant was also issued for his computer. Apparently the search of the computer provided evidence that Goichman had been distributing Child Pornography as well. Goichman has a conviction for Rape stemming from an out of state incident in 2001. Bail has been set in the amount of seventy thousand dollars. The case will be prosecuted in the Worcester Superior Court.

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Massachusetts Child Pornography Defense Law Firm

Worcester County Sex Crimes Lawyer, Rape, Child Abuse

Distribution of Child Pornography or Possession With the Intent to Distribute Child Pornography in Massachusetts is prohibited by Massachusetts General Laws Chapter 272 Section 29B(b). A conviction of this crime is a felony punishable by a minimum mandatory ten year prison sentence and as much as twenty years in jail.

As a Massachusetts Criminal Lawyer I have represented several people charged with Distribution of Child Pornography. Not one of these people actively disseminated the illicit material. Upon their arrest, all of these people were stunned to find out that they were facing lengthy mandatory prison sentences. They were also shocked to learn that their actions satisfied the element of distribution. After all, the only thing they did was download and view the material. They never actively distributed what these images and videos. How then could they be charged with distribution? Perhaps the case of United States v. Richardson best outlines the dangers of file sharing and the rationale for why peer to peer file sharing constitutes the act of distribution.

In Richardson law enforcement entered a p2p network in an undercover capacity. They found Child Pornography in one of the user’s accounts. The police downloaded the illicit material from this person’s account. The user was identified as the defendant and a Search Warrant was executed at his home. The search confirmed p2p activity. Richardson was convicted after a jury waived trial. Affirming the conviction the court reasoned that the structure of the p2p programs encourages file sharing. Users get a rating based on their contribution to the network. A higher rating facilitates downloading additional materials. Richardson argued that distributing equates with delivering. He claimed that he never actually transferred the Child Pornography to anyone. Rather, he only permitted entry into his computer. The court rejected this argument and held “that downloading images and videos containing child pornography from a peer-to-peer computer network and storing them in a shared folder accessible to other users on the network amounts to distribution.” This seems to be the consensus throughout the country.

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According to reports, David Minasian and Madonna Say, of Malden, Massachusetts and Lynn, Massachusetts respectively have both been charged with Sex Trafficking in the Massachusetts Federal Court in Boston. Authorities allege that in Chelsea Minasian met up with a fifteen year old female runaway who had recently left a treatment facility. Minasian offered the girl help. The three ultimately headed to Florida by car. On the way, Minasian gave the girl Marijuana, Alcohol and Drugs. He then offered the girl employment as a Prostitute. Minasian advertised the girl as an escort over the internet. Men in both Florida and Massachusetts responded to the ads. Minasian and Say have been charged with Sex Trafficking by Force, Fraud or Coercion and Sex Trafficking of a Child. The case is being prosecuted in the Massachusetts Federal District Court.

Massachusetts Sex Trafficking Defense Law Firm

Lawyers Who Defend Child Sex Trafficking Cases in Massachusetts

The defendants in this case were probably charged with a violation of 18 U.S.C. Section 1591; Sex Trafficking by Force, Fraud or Coercion. The statute states that anyone who transports someone, or receives a financial benefit from, or threatens or forces the person who is under the age of eighteen to engage in sex is guilty of this crime. The crime is a felony. If the victim is over the age of fourteen and under the age of eighteen the accused must serve a sentence of at least fifteen years in prison.

Laws like this one have been implemented by states throughout the country. In 2011, Massachusetts enacted a similar act. In essence, the Massachusetts legislation created a crime for Human Trafficking for Sexual Servitude. The law prohibits transporting, enticing or harboring another with purpose that that person engage in sexually explicit acts. A conviction for this offense in Massachusetts mandates five years in jail. There is a maximum twenty year sentence that can be imposed and fines of up to twenty five thousand dollars. Human Trafficking for Sexual Servitude that involves someone under the age of eighteen permits a judge to impose a life sentence after a conviction. The law proscribing this activity is Massachusetts General Laws Chapter 265 Section 50. All states now have enacted some sort of Human Trafficking law that is modeled in large part after the federal law under which Minasian and Say are being prosecuted.

Successful defenses to these cases are difficult to establish. Even if the victim lies about his or her age the accused cannot use that as a defense. In cases where the internet was used to advertise services, the victim’s image will serve as corroborative evidence for the prosecution, even if the victim chooses not to testify.

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According to a local news report, Kevin Carmichael, a karate instructor at a Braintree karate studio has been charged with Indecent Assault and Battery. Authorities allege that the acts occurred recently. Apparently Carmichael was asked to meet with Braintree Police detective two days ago. He agreed. Afterwards he was charged with Indecent Assault and Battery. Bail was set in the amount of twenty five thousand dollars. The case is currently pending in the Quincy District Court. No details of the alleged assault have been reported nor are there allegations that Carmichael did this to other victims.

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Braintree, Massachusetts Sex Crimes Defense Law Firm

Lawyer Who Defend Indecent Assault and Battery Cases in Massachusetts

In order for the district attorney to prove someone guilty of Indecent Assault and Battery in Massachusetts he must six elements beyond a reasonable doubt. The first element involves the victim’s age. Massachusetts charges this crime in accordance with the victim’s age. The threshold age is fourteen so depending on the crime alleged; i.e. Indecent Assault and Battery on a Person Under the Age of 14 or Indecent Assault and Battery on a Person Over the age of 14 this element must be established. The second element is that the accused committed an Assault and Battery. The third element involves the indecent aspect of the case. The prosecutor must prove that the defendant used force to commit the indecent touching which involves the following: if victim is male, the genital area, buttocks or pubic area. If the victim is female, the breasts, thighs, pubic area, genitals or buttocks. The term indecent is evaluated in the context of the case. It is fact specific. Fourth, the prosecutor must show intent on the part of the defendant. Fifth, the touching must be offensive or harmful and last, there can be no justification or excuse for the act.

For a Massachusetts Criminal Lawyer the third element is fertile ground for absolving a client. Many of the cases involving these charges focus their defense on the actual nature of the act, not the fact that a touching occurred. People are touched in many ways every day. Some people are more affectionate than others. They are comfortable making physical contact with others or “touching” them. While the alleged victim might perceive the touching to be offensive the defendant may not have intended it that way. This is one factor that helps determine whether or not to go to trial on a case like this. In this case, much of the defense will hinge on what Carmichael told the police on Saturday. Hopefully he said nothing, or very little. As I have written and told my clients on countless occasions, keep your mouth shut. You cannot talk your way out of being charged criminally. You can only make matters worse for yourself.

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Two days ago police in Taunton, Massachusetts were involved in an anti-prostitution operation. Acting in an undercover capacity one of the involved officers made eye contact with a woman. He then pulled into a parking lot to meet up with the woman. She walked up to his car and “asked if he wanted a date”. A fee of thirty dollars was negotiated. This resulted in the woman, Erica Jeremiah being arrested. She was charged with Sex for a Fee. In another incident officers went to investigate a complaint of a sexual nature. They met with a women, Lisa Marie Her. She claimed that a cab driver pressured her to perform oral sex on him in order to forgive an owed fare. Officers met with the cab driver, seventy six year old Robert Ferreira. Ferreira admitted to being engaging in two such incidents, one with Her, the other with Suzanne Charland however he denied pressuring the women. Ferreira told the police that in addition to forgiving the fares he paid an additional twenty dollars to each woman. Ferreira told the police that he and Charland had this arrangement for the past two years. Ferreira, Her and Charland were all charged with Sex for a Fee. All matters are pending in the Taunton District Court.

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Taunton, Massachusetts Prostitution Defense Law Firm

Massachusetts Sex Crimes Defense Lawyer, Prostitution, Sexual Conduct for a Fee

The law prohibiting this conduct and presumably with which all defendants have been charged is Massachusetts General Laws Chapter 272 Section 53A. The first section of that law states that anyone agreeing to engage in sexual conduct for a fee can be found guilty of a misdemeanor and punished by up to one year in jail. There is no need to actually engage in a sexual act to be in violation of this law. The next section of that law makes it illegal to pay for sex or offer to pay for sex. A conviction of this portion of the statute provides for a two year sentence.

So, as an Experienced Massachusetts Criminal Lawyer here is how I see these cases. Depending on her record Jeremiah may end up with anything from a dismissal to a conviction with the possibilities of pretrial probation and a continuance without a finding quite likely. She has to overcome the testimony of a police officer who will testify that she was seeking money in exchange for sexual services. The other cases are much different. Neither Her, nor Charland nor Ferreira were caught in the act. Admissions to the commission of crimes absent some sort of corroboration do not provide enough evidence for a conviction to stand. It was really silly for Her to call the police if in fact she had been engaging in the acts as suggested by Ferreira. Similarly, it was unnecessary for him to have spoken with the police. However, both now have Fifth Amendment privileges that will further frustrate efforts to convict them. And it seems like Charland has no problems at all. Ferreira will not testify against her and she was not caught engaging in criminal activity.

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A bill was recently filed with the Massachusetts Legislature calling for asset forfeiture provisions in certain Massachusetts Sex Crimes. The law would permit the police and the district attorney’s office prosecuting these crimes to seize property; i.e. cash and real estate from people who are convicted of Massachusetts Child Pornography Crimes and Massachusetts Child Enticement Crimes. The bill is sponsored by Middlesex County Sheriff Peter Koutoujian and Massachusetts State Senator Barry Finegold. The proceeds from the successful forfeiture actions would be used to better fund Cyber Crimes Units throughout the Commonwealth. Prosecutors now complain that they are understaffed and underfunded in their efforts to curb this type of criminal activity. If passed this law will likely bring millions of dollars to local and state police departments and to the district attorneys offices prosecuting these crimes.

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Massachusetts Child Pornography Defense Law Firm

Lawyers Who Defend Sex Crimes in Massachusetts

If this law resembles the Massachusetts Drug Forfeiture Law (Massachusetts General Laws Chapter 94C Section 47) it will probably enable the prosecution to seize the following property in Massachusetts: all electronic equipment used to facilitate the illegal activity; any property used to transport, conceal, manufacture and in any way distribute the material; all real estate used to facilitate the crime; all money made in connection with the commission of the crime and more. Similar to the drug forfeiture law I would imagine that the property owner must either have known or should have known that the illicit activities were occurring at his home. In other words, if the home owner is renting to the accused or is the defendant’s parent, forfeiture might not apply provided that that person was unaware of the activities. The intended purpose of this act would be to deprive criminals of the tools by which they conduct their illegal activities. There would be a civil proceeding wherein a judge would make the determination of whether or not to order the property forfeited.

So as a practical matter how would this law work? Anytime someone was convicted of committing a Massachusetts Child Pornography Crime the prosecuting body would look to see if the defendant owned property and if there was any way to link that property to the commission of the offense. The property most vulnerable to seizure would be the defendant’s home. Unlike Massachusetts Drug Cases, the presence of cash and vehicle ownership are less likely the type of property that would facilitate the commission of these crimes. The convicted defendant would served with a complaint for forfeiture. There would be an opportunity to defend the action which would ultimately be decided by a judge. It is interesting that the article discussing this proposal suggests that the primary purpose behind the law is to fund law enforcement activities that fight Child Pornography Crimes. I would think the law would serve as a deterrent given the added penalty associated with a conviction.

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The principal of the Rockport, Massachusetts middle school last week reported that a student had come forward with information regarding a New Year’s Eve incident at the Cape Ann Marina. Gloucester, Massachusetts police investigated and ultimately charged Justin Todd of Pleasant Street in Gloucester with Rape of a Child. It is alleged that Todd bought alcohol for some teenagers and had sex with one of them four times that night. The girl with whom Todd purportedly had sex was fourteen years old. He was arraigned in the Gloucester District Court and held on twenty thousand dollars cash bail. Four charges of Rape of a Child and one count of Providing Alcohol to a Minor is pending at this time. This case will probably be indicted and prosecuted in the Essex County Superior Court in Salem, Massachusetts.

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Gloucester, Massachusetts Rape Defense Law Firm

Essex County Sex Crimes Lawyer, Rape, Statutory Rape, Indecent Assault and Battery

Massachusetts has a broad definition of the term Rape. It encompasses penetration of the female sex organ by the male sex organ with or without emission. It also includes anal intercourse, oral intercourse, cunnilingus, fellatio, digital penetration and penetration by objects other than body parts. The age of consent in Massachusetts is sixteen, meaning that regardless of the intent or will of the minor a Rape charge can be successfully prosecuted. The element of penetration can be satisfied by showing contact with the labia, vulva or vagina. Statutory Rape in Massachusetts is set out in Massachusetts General Laws Chapter 265 Section 23. A conviction for this offense is a felony. There is another Massachusetts Statutory Rape Statute that addresses aggravating factors that is not applicable to this case. Massachusetts General Laws Chapter 265 Section 23A states that if there is a five year age difference between the defendant and the victim and the victim was under twelve at the time a conviction mandates a ten year state prison sentence. Consent is not a defense to Statutory Rape in Massachusetts. Nor is a mistaken belief in the victim’s age a valid defense. This again shows why anyone being investigated for a crime should not talk. All too often people admit to having sex with someone because the act was “consensual” and they believed the person to be old enough to consent. However, when they admit to having sex with the underaged person they are essentially admitting to having committed Rape. In Massachusetts you will be prosecuted for Statutory Rape. There are defenses to these charges making it important for anyone accused of a Sex Crime in Massachusetts to contact an Experienced Massachusetts Criminal Lawyer at once.

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