Sex crimes have a long history in our society. However, they were often swept under the rug for one reason or another. Lately, these types of crimes have been in the news, and for good reason. People in powerful positions have been accused and convicted of sexual assault and rape as a result of the #MeToo movement.
Nonetheless, every individual charged with a serious crime is entitled to fair representation and the protection of their rights. It is this principle that keeps our justice system open, honest, and requires the Government to not cut corners or wrongfully accuse innocent people.
At Marcotte Law Firm located in Lowell, Massachusetts, our firm devotes a significant portion of its practice to criminal defense. In regard to sexual charges, we believe that each individual charged with a serious crime is entitled to fair representation and the protection of their rights.What is Sexual Assault?
Sexual Assault is an umbrella term used to describe a variety of crimes that involve wrongful sexual behavior. Sexual assault can include:
- Nonconsensual inappropriate touching;
- Attempted Rape;
- Criminal sexual assault and sexual abuse;
- Statutory rape (sex with a child younger than 16 years old);
- Sex with someone who is inebriated and unable to consent;
- Date rape;
- Child molestation;
- Sexual harassment; and
- Solicitation and prostitution.
There are severe repercussions for those convicted of sex crimes. These legal consequences can cast long shadows over your future, preventing you from making a new beginning. Our lawyers have decades of experience in criminal law.Abuse and Harassment Prevention Orders – 209A and 258E
A defendant who is charged with a sex crime faces stiff criminal penalties. They can also have their personal liberties restrained even before they have a trial. In many sex crime cases, the judge will require the defendant stay away from the victim pending trial.
Additionally, the alleged victim can file for their own restraining order. In Massachusetts, these are known as either an Abuse Prevention or Harassment Prevention Order.
Under M.G.L. c. 209A so long as there is a “family or household member” relationship, the victim can file for a restraining order if they have been sexually assaulted. This also applies to “substantial dating relationships”.
Under M.G.L. c. 258, there is no relationship requirement. The alleged victim just needs to she that that qualifies as a rape or attempted rape. The standard in these hearings is “by the preponderance of the evidence,” which is a much lower standard than criminal court’s “beyond a reasonable doubt” requirement.Avoiding Sex Offense Penalties ― Aggressive Sex Crimes Defense
We understand the importance of minimizing the penalties that come along with criminal sex charges. Our Massachusetts team will work with you to help avoid jail time, hefty fines, community service and registration as a sex offender.
The sex offender registry is available for the public to view and comes with a whole area of consequences by itself. Our lawyers will aggressively fight to see that you do not appear on this list.Contact Our Sex Crimes Defense Attorneys ― Serving The Greater Lowell And Salem, New Hampshire, Areas
To learn more about how our sex offense team can provide an essential difference in your case, contact Marcotte Law Firm and schedule a free initial consultation. Reach us by email or call (978) 458-1229.
Our paralegals are fluent in Spanish.