Rape and Sexual Assault
Rape and sexual assault fall under the umbrella term of crimes of violence which encompasses rape, sexual assault, and personal robbery or assault, and includes crimes that are either attempted or completed, yet excludes pocket picking or purse snatching. Crimes in this category that fall under the attempted division include verbal threats of sexual assault or attacks.
Contact Massachusetts Sexual Assault Criminal Defense Lawyer John L. Calcagni by Email or call today at (401) 351-5100 to schedule a FREE CONSULTATION.
Sexual Assault: Rape
Military academy cadet charged with raping fellow cadet in his barracks room. Cadets had prior consensual sexual relationship prior to rape allegations.
RESULT: Accused cadet found not guilty of this charge after trial by General Court-Martial.
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The definition of rape includes any forced sexual act, including both physical force and psychological coercion. This affects both male and female victims, and both heterosexual and homosexuals are involved. This definition also includes any verbal threats of rape.
Sexual assault is separate from rape or attempted rape and carries a wider range of crimes including attacks, or attempted attacks that may involve unwanted sexual contact. These attacks also include unwanted touching, grabbing or fondling and can involve force or coercion, as well as verbal threats.
Sexual assaults and rape are among the least reported crimes in America. Although major changes have taken place over the last twenty years in the treatment of sexual assault victims, there is still a certain discomfort that accompanies reporting rape or sexual assault. With the institution of rape crisis centers beginning in the early 1970s, these crimes have come under considerable investigation, research, and reform to better understand what both the perpetrator and the victim are feeling and how best to preserve the rights and innocence of both parties.
Contact Massachusetts Rape and Sex Crimes Defense Lawyer John L. Calcagni by Email or call today at (401) 351-5100 to schedule a FREE CONSULTATION.
Because the severity of these crimes varies, the sentencing can range from minor sentences like fines and minimal jail time, to life imprisonment; particularly for multiple offenders. Specialized categories exist for sentencing guidelines and offenses in Massachusetts including for example, drugging a victim, intoxication of the victim, sexual intercourse through fraud or deceit, assaults against elderly or retarded individuals, and the rape of a child.
Sex Crimes Defense in Massachusetts
Sex crimes in general can also include statutory rape (which is rape of a child under 16), and those that violate social taboos such as incest, indecent exposure, sexual speech, or sexual harassment.
Sentence structures have limitations and ceilings on the amount of time that can be given by the Court, except in those cases involving repeat offenders and those acts involving children, which carries the death sentence in most states for second offenders.
Failure to Register as Sex Offender (2d Offense)
Sex offender was on probation for 1st degree Sexual Assault. While on probation and required to register as a sex offender, Defendant failed to notify the State for the second time of his address change. Police are notified and Defendant is charged with sexual offender registration requirement of Failure to Notify of Address Change.
RESULT:Though this offense has maximum jail sentence of 10 years, successfully negotiated a 30-month sentence.
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In addition to the guidelines for sentencing the offenders, there are rules in place for the admission of evidence against the victim as well. In many cases the victim’s sexual predisposition, and engagement in prior sexual behavior are inadmissible as evidence against them. For the most part, sex crimes are investigated on the state and local level unless the crimes involve multiple states, in which case the Federal investigators will become involved.
If you are convicted of these crimes, the damage does not stop with a fine or prison sentence. Sexual assault, rape and other violent sex crimes carry with them the consequence of having to register for the rest of your life as a sex offender with the police department in the community in which you live at any time. If you have been charged or are under investigation for any kind of sexual assault, violent or sex crime, it is important that you contact an experience criminal defense attorney who will be able to assist you right from the beginning before you do or say anything that might incriminate you in any way.
Contact MA Sexual Assault and Sex Crimes Criminal Defense Lawyer John L. Calcagni by Email or call today at (401) 351-5100 to schedule a FREE CONSULTATION.
ADMITTED TO PRACTICE IN:
Rhode Island 2003
Massachusetts 2003
Connecticut 2005
New York 2005
Florida 2008
U.S. District Court for Northern District of New York 2004
U.S. District Court for Eastern District of New York 2010
U.S. District Court for Southern District of New York 2010
U.S. District Court for the District of Rhode Island 2008
U.S. District Court for the District of Massachusetts 2008
U.S. District Court for the District of Connecticut 2009
U.S. District Court for the District of Columbia 2010
U.S. Court of Appeals for the First Circuit 2004
U.S. Court of Appeals for the Second Circuit 2011
U.S. Army Court of Criminal Appeals 2011
U.S. Court of Appeals for the Armed Forces 2011
U.S. Supreme Court 2009
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