Sex Offenses

Published on: December 4, 2013

Massachusetts Appeals Court Affirms Requirement that Prosecution Must Prove All Elements Relating to Crimes For Which Jury Will Be Instructed at Trial

The Appeals Court of Massachusetts seated in Suffolk County handed down a decision earlier this year regarding a defendant who had been unlawfully indicted on a charge which the prosecution had not fully proven.In the case, Commonwealth v. Rodriguez, 83 Mass. App. Ct. 267 (2013), following a jury trial in Superior Court, the defendant was found guilty of rape aggravated by kidnapping; kidnapping aggravated by sexual assault; and indecent assault and battery. The judge sentenced him on the aggravated rape and indecent assault and battery charges, and placed the indictment for aggravated kidnapping on file, to which the defendant objected. The defendant’s appeal centered on the filed indictment. He argued that, the jury instruction setting forth the elements of aggravated kidnapping was erroneous.

Under the relevant portion of the statute, “[w]hoever commits any offense described in this section [the crime of kidnapping] while armed with a dangerous weapon and inflicts serious bodily injury thereby upon another person or who sexually assaults such person…” shall be found guilty of the crime. [emphasis added by court].
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Published on: July 5, 2012

Massachusetts Sees Rise in Sex Crimes Arrests in 2012

by Patrick J. Murphy, Esq.

In the wake of the Penn State/Sandusky scandal, a Taunton High School teacher has been accused of having sex with two female students. Patrick Doyle, a history teacher, now faces charges of statutory rape and aggravated statutory rape of a child. NECN reports that the Doyle was indicted on twelve charges arising from the two incidents, and is currently being held without bail. A dangerousness hearing has been set for Doyle sometime next week. If convicted of these charges, Doyle faces a 10-year to life sentence in prison. Allegations of sex crimes are serious and should not be taken lightly. A conviction for a sexual offense in Massachusetts carries significant penalties of imprisonment and may confine an offender to a lifetime on the sex offender registry.

Earlier this year, two Newton men were arrested for possession and distribution of child pornography. The arrests were made in the same week during January 2012, although there does not appear to be a connection between the two men. Peter Buchanan, a 10-year city employee and Dave Ettlinger, an elementary teacher, both face serious charges stemming from the arrests. Dave Ettlinger was arrested in January 2012 for his participation in the child pornography website called Dreamboard, which requires members to post images of child pornography in order to keep their membership active. Ultimately, Ettlinger was charged with indecently assaulting three females and taping it. The arrest resulted from an international investigation of the website. A June 28th article by the Boston Globe proclaims that Ettlinger may plead guilty to the federal charges stemming from his role in the global child pornography network, although a plea has not yet been entered. If found guilty, Ettlinger faces imprisonment for 20 years to life under 18 USC §2252A. Upon the conclusion of the case, Ettlinger must return to Massachusetts to face state charges for the indecent assault on three females.
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Published on: July 27, 2011

Defending Failure to Register Cases in Massachusetts: The Importance of A Strong Defense

by Patrick J. Murphy, Esq.

Failing to Register as a sex offender pursuant to G.L. c.6, s. 178H can result in severe consequences to the individual that must register in accordance with the law. A strong and aggressive defense by an experienced Boston criminal defense lawyer is necessary when a complaint for failure to register is brought against a defendant.

The possibility of long sentences followed by lifetime community parole show how important it is to hire a Massachusetts criminal defense attorney to vigorously defend such cases rather than settle for plea opportunities made by the prosecutor. Cases such as Commonwealth v. Ramirez, 69 Mass. App.Ct. 9 (2007) and Commonwealth v. Bolling, 72 Mass. App. Ct. 618 (2008) show how important it is to have an experienced attorney present a strong defense on behalf of the client.

To prove that the defendant committed the offense of failing to register as a sex offender the Commonwealth must prove beyond a reasonable doubt each of the following four elements:

First: that the defendant either resided or intended to reside in Massachusetts or worked or intended to work in Massachusetts;

Second: that the defendant was previously convicted of the offense of that required him or her to register as a sex offender;

Third: that the defendant knew that he or she was required to register or verify registration data or notify of a change of address with the Sex Offender Registry Board; and
Fourth: that the defendant failed to register or failed to verify registration data or notify of a change of address or provided false information to the Sex Offender Registry Board.
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