SEXUAL ASSAULT OFFENSES
Sexual assault offenses are some of the more serious charges a person can face both in terms of possible punishment and the collateral consequences associated with a conviction – i.e., registration as a sex offender. If you are being investigated for a sexual assault offense or have been charged with rape or a different type of sexual assault, it is important to hire a sex crime lawyer as soon as possible. Unlike many other types of offenses in which you are often charged immediately upon the police being aware of the allegation, the police will often complete a sexual assault investigation that can take weeks or even a few months prior to deciding whether you will be charged with rape. The investigation often involves interviewing the alleged victim, witnesses, and attempting to interview the accused person. This is why it is paramount that you hire a sex offense attorney as soon as possible. The police are not looking to give you a chance to clear your name – their job is to try to get you to incriminate yourself. They want you to admit to different pieces of information that corroborate the alleged victim’s story, such as that the alleged victim was under the influence or that sexual contact occurred. The police might also try to get you to provide a voluntary DNA sample. If you have received a call from the police and they want to speak to you regarding an allegation, you need to indicate that you wish to speak to a lawyer and then you need to hire a sex offense lawyer as soon as possible. When you hire a sex crime lawyer like Attorney Michael Thaler, he can speak to the police or the Assistant District Attorney on your behalf such that no information can potentially be used against you.
It is also important to hire a sex offense attorney like Attorney Thaler as soon as possible because you need to immediately preserve any information or potential evidence that will be favorable to you. This includes text messages, voicemails, photographs or videos on your phone, and having an investigator speak to relevant witnesses while their memory is fresh. If you are potentially going to be charged with rape, there is a good chance that the Assistant District Attorney is going to request a high bail and conditions like a GPS monitoring device – you cannot afford to wait to hire a sex crime lawyer to start working on your defense.
There are several different types of sexual assault offenses, many of which can only be prosecuted in the Superior Court such as rape and statutory rape. Attorney Thaler is an experienced sex offense attorney that has both prosecuted and defended individuals in the Superior Courts and District Courts of Massachusetts, including the Boston and Dedham area. If you have been charged with indecent assault and battery, then your case may remain in the district court as it is a felony that can be tried in either the Superior Courts or District Courts.
The Difference between Assault and Battery and Indecent Assault and Battery
What makes an assault and battery “indecent”? An indecent assault and battery is an assault and battery – an unconsented-to touching – that involves the touching of portions of the anatomy commonly thought private. There have been a number of cases that provide guidance as to what constitutes an “indecent” act. “It has been held that the intentional, unjustified touching of private areas such as ‘the breasts, abdomen, buttocks, thighs, and pubic area of a female’ constitutes an indecent assault and battery.” Commonwealth v. Mosby, 30 Mass. App. Ct. 181, 184-185 (1991) (quoting Commonwealth v. De La Cruz, 15 Mass. App. Ct. 52, 59 (1982)). Additionally, the Appeals Court has also found that the mouth and its interior are an intimate part of the body. Commonwealth v. Rosa, 62 Mass. App. Ct. 622, 623-624 (2004).
The Difference between Rape and Indecent Assault and Battery
Unlike indecent assault and battery, rape requires some form of penetration without the person’s consent. Rape can only be prosecuted in the Superior Court, which carries potentially severe penalties. When you have been charged with rape with certain enhancements, you could face mandatory time in state prison for many years if you are convicted. If you have been charged with rape, it is important to hire a sex crime lawyer like Attorney Thaler, who is familiar with the different types of evidence often presented in this type of sex offense case and can best prepare you to defend your case at a possible trial.
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