Sex Crimes in Worcester County

Sex crimes in Worcester County Massachusetts, refer to sexual conduct that is considered illegal. They encompass a wide range of behaviors, including sexual gestures towards a child, lewd or lascivious acts. The punishments for sex crimes in Worcester County can be very harsh. Convictions carry potential penalities like lengthy incarceration, court-ordered GPS monitoring, registration as a sex offender, and court-ordered psychotherapy.

In 2019, the Massachusetts Executive Office of Public Safety and Security (EOPSS) recorded over 791 sex crimes in Worcester County, including

• 213 rape cases
• 64 sodomy cases
• Seven on sexual assault with an object
• 129 statutory rape cases
• 6 cases on human trafficking for commercial sexual acts
• 112 pornography/obscene materials cases
• 91 prostitution cases
• 9 cases of assisting or promoting prostitution
• 148 fondling cases
• 12 incest cases

What are the Types of Sex Crimes in Worcester County?

Sex crimes in Worcester County include,

Indecent assault and battery

This crime involves the intentional and unsolicited touching of another offensively and includes an indecent act, usually touching body parts commonly considered private.

• When committed on a child under 14, indecent assault and battery is punishable by not more than ten years in state prison or incarceration in the house of correction for not more than 2.5 years. Consent is not a defense for an offender under this section.
• When committed on a developmentally disabled person, a first offense is punishable by 5 to 10 years in state prison. Subsequent offense is punishable by not less than ten years imprisonment.
• When committed on a person age 14 or over, it is punishable by not more than five years in the state prison or by not more than 2.5 years in a jail or house of correction.
• When committed on a person age 60 or over or a person with a disability, the first offense is punishable by a state prison term not exceeding ten years or by imprisonment in the house of correction for not more than 2.5 years. Subsequent offense is punishable by a state prison term not exceeding 20 years.

Rape encompasses any natural or unnatural sexual intercourse with a person against their will by the application or threat of physical force or violence. It is punishable by imprisonment in the state prison for not more than 20 years for a first-time offender. A subsequent offense can attract a sentence up to life imprisonment.

• When the offender is with a weapon, it is punishable by not less than ten years imprisonment in the state prison for a first offense. Subsequent offense is punished by 15 years to life imprisonment in the state prison.
• When the rape results in serious bodily injury, or is committed by a joint enterprise, or is committed during the commission or attempted commission of another crime is punishable by up to life imprisonment.
• The rape of a child under 16 with force is punishable by life imprisonment or any term of years.

Assault with Intent to Commit Rape

• Assault with intent to commit rape; first offense is punishable by a state prison term not exceeding 20 years or up to 2.5 years in the house of correction. Subsequent offense is punishable by up to life imprisonment in the state prison.
• Assault with intent to commit rape while in possession of a weapon is punishable by imprisonment in the state prison for not less than five years for a first-time offender. Subsequent offense is punishable by a minimum of 20 years in prison.
• The assault of a child under 16 with intent to commit rape is punishable by up to life imprisonment. An offender over the age of 18 that commits a subsequent offense faces punishment between 5 years and life imprisonment.
• Assault of a child under 16 with intent to commit rape while in possession of weapons is punishable by up to life imprisonment or any other term, not less than ten years. An offender over the age of 18 that commits a subsequent offense faces up to life imprisonment or a term not less than 15 years.

Statutory Rape

This is the offense of raping and abusing a child below 16 years old. It is a strict liability crime, meaning that the consent of the victim and a reasonable mistake regarding the victim’s age is not a defense. It is punishable by up to life imprisonment, except as otherwise provided, for any term in a house of correction.

Kidnapping

Kidnapping a person and sexually assaulting them is punishable by a state prison term not less than 25 years.

Enticement

• Inducing a child under age sixteen to commit a sexual offense is punishable by imprisonment in the state prison for not more than five years, or in the house of correction for not more than 2.5 years, or by both imprisonment and a fine of not more than $5,000.
• Enticing a person into prostitution or sexual intercourse is punishable by imprisonment in the state prison for not more than three years or in jail for not more than one year or by a fine of not more than one thousand dollars, or by both such fine and imprisonment in jail.

Drugging a person for sexual intercourse

This crime involves the administration of any substance to a person with the intent to stupefy or overpower the person and have sexual intercourse with them. It is punishable by imprisonment in the state prison for life or any term of years not below ten years.

Inducing a minor into prostitution

This crime is committed when a person provides incentives for a minor to become a prostitute. The offense is punishable by a state prison term between 3 and 5 years together with a fine of $5,000.

Living off or sharing the earnings of a minor prostitute involves knowingly deriving support from the earnings or proceeds of prostitution committed by a minor. It is punishable by not less than five years in state prison and a $5,000 fine.

Indecent exposure
An individual commits this crime by exposing their genitals in a public location. It is punishable by incarceration in a house of correction or jail for not more than six months, or a fine of up to $200, or by both the fine and imprisonment.

Open and gross lewdness and lascivious behavior

A person commits the crime by exposing their genitals, breast, or buttock in such a manner that causes alarm or shock. It is punishable by not more than three years in the state prison or not more than 2 years in jail or by a fine of not exceeding $300.

Incest occurs when there is sexual intercourse or marriage between persons related by blood or adoption. It is punishable by incarceration in the state prison for not more than 20 years or in the house of correction for not more than 2.5 years.

Disseminating harmful materials to a minor

Massachusetts law criminalizes the dissemination of any matter harmful to minors, including handwritten or printed material and visual representations. This is not applicable to electronically transmitted messages. A first offense for this crime is punishable by imprisonment in the state prison for not more than five years or in a jail or house of correction for not more than 2.5 years, or by a fine between $1000 and $10,000. The fine for a second offense ranges from $5000 to $20,000. The third or subsequent offense attracts fines between $10,000 and $30,000. Each number of offenses can be punishable by both a fine and imprisonment.

Child pornography

This crime entails the intentional possession, purchase, dissemination, or manufacture of material depicting a child’s involvement in sexual activity.

• Possession of child pornography is punishable by up to 5 years in state prison, or up to 2.5 years in a jail or house of correction, or a fine of between $1,000 and $10,000.
• Dissemination of child pornography attracts a state prison term between 10 and 20 years, or a fine between $10,000 and $50,000 or three times the monetary value of any financial profit made from the dissemination, whichever is greater.
• Secretly photographing or video recording the private parts of a child is punishable by up to 5 years in state prison or up to 2.5 years in a jail or house of correction, or a fine not exceeding $10,000.
• Production of child pornography may result in a state prison term of 10 to 20 years or a fine of between $10,000 and $50,000.

Prostitution, pimping and soliciting
On the one hand, Massachusetts law criminalizes the act of engaging, offering to engage, or agreeing to engage in sexual activity with another for a fee. It is punishable by up to one year in the house of correction or a fine not exceeding $500.

On the other hand, it is also an offense to pay, offer to pay, or agree to pay a person to engage in sexual activity. This is punishable by up to 2.5 years in the house of correction or a fine of between $1,000 and $5,000.

What Crimes Require Sex Offender Registration in Worcester County?

Convicted sex offenders that fall under the category of potential repeat offenders are required to register in the sex offenders registry. The Law categorizes sex offenders in Worcester into three levels based on the degree of danger they pose to society and their potential to re-offend. Level 1 is the lowest classification, while Level 3 offenders are most likely to re-offend. The registry only provides public access to information on Level 2 and 3 sex offenders. The following agencies can, however, obtain information about Level 1 sex offenders

• Municipal and state police departments
• Federal Bureau of Investigation
• Department of Correction and county correctional facilities
• Department of Youth Services
• Department of Children & Families
• Massachusetts Parole Board
• Department of Probation
• Department of Mental Health

A sex offender registry is a public repository for information about individuals convicted for sex offenses. In compliance with state law, the Massachusetts Sex Offender Registry Board operates a public sex offender registry that provides statewide sex offender information, including those for Worcester County. Sex offenders who live, work, or attend school within the state must register information, including their full legal name, aliases, home addresses, work addresses, weight, height, eye color, hair color, social security number, photograph, and fingerprints. Through the registry, interested persons can search sex offenders in Worcester County by name, zip code, or neighborhood. The purpose of this registry is to provide residents with sufficient information on sex offenders around them.

Residents may also request sex offender information via email, by mail, and in person. To request by email, interested parties may send an email to sori.sori@mass.gov identifying themselves or their organization. Requesters will then receive a reply containing the instructions for the request.

To request via mail, interested parties may fill the Request for Sex Offender Registry Information and mail it to

Attention: SORI Coordinator

Sex Offender Registry Board

P.O. Box 392

North Billerica, MA 01862

Residents can walk-in and request information on a sex offender at any city or town police station in Worcester County. Requesters must present a completed Request for Sex Offender Registry Information and valid government-issued ID. The Police Department may also require them to provide their name, address, and reason for the request.

What is a Sex Crimes Defense Attorney?

Sex crime lawyers have a good understanding of the law and the requisite expertise to navigate sex crime proceedings. They can also provide helpful, professional guidance and help that can make a difference in the accused’s case. During the trial, a sex crime attorney can examine the circumstances leading to the sex crime charge and the investigation process to expose any deviation from the law. A sex crime lawyer can also discredit the sex crime charge by challenging the evidence and testimonies presented by the prosecution. Attorneys provide post-trial assistance such as pleading for leniency during sentencing and requesting for termination of the obligation to register as a sex offender.

How does a Sex Crime Defense Attorney Work?

Depending on the facts of the case and the particular charge, a sex crime defense attorney can deploy any of the following defenses to a sex crime charge in Worcester County.

Illicit motive: the defense may claim the accuser has wrongly implicated the accused for vengeful reasons such as a failed relationship, an attempt to cover up guilt after consensual sex, divorce or custody disputes, manipulation of children, among other possible causes.

Challenge of evidence: Law enforcement must adhere to specific protocols when obtaining and storing evidence. If police officers fail to follow these protocols, an attorney may discredit the sex crime charge by moving a motion to suppress such evidence.

Consent: The defendant may present evidence that the alleged victim gave consent to the culpable act; hence it was a consensual sexual act at the time. Consent is, however, not a defense in certain sex offenses where the law deems the victim unable to provide consent, whether due to age or mental incapacity.