A Massachusetts man and known sex offender was arrested and charged with Attempted Rape earlier this week. Police allege that Scott Gagnon of Tewksbury assaulted a woman who was jogging on Plum Island and attempted to rape her. The woman managed to escape and call the police on her cell phone. Gagnon is a level 3 sex offender. He was convicted of sex crimes for which he had served twenty seven years in state prison in Massachusetts. Just last week Gagnon was caught soliciting a prostitute in Haverhill. He was charged and arrested with that crime as well. Gagnon, 51 is being held on fifty thousand dollars cash bail. The case is currently being prosecuted in the Newburyport District Court. It is expected that the case will be indicted and handled in the Essex County Superior Court.
Undoubtedly the prosecution in this case will be looking for the maximum sentence authorized if Gagnon is convicted. Assault With the Intent to Commit Rape is a felony in Massachusetts proscribed by Massachusetts General Laws Chapter 265 Section 24. A conviction carries a possible twenty year sentence for first time offenders and life for second and subsequent offenders. This case will likely rest exclusively on the testimony of the victim. It appears that there were no witnesses to the incident. There is no mention of physical evidence corroborating the victim’s story in this article. Naturally, if such evidence does exist it makes the prosecution’s case stronger. A key strategy to Gagnon’s defense will be to try to make sure his prior convictions are not mentioned or even eluded to at trial. Most likely Gagnon will go to trial on this case unless the prosecution or a judge permits him to plead to a sentence he can accept.
Defending people accused of committing Sex Crimes in Massachusetts is part of our business. If you have been charged with one of these crimes call us. We have been successful for over twenty years defending the accused. We can be reached at 617-263-6800 or you can contact us online.