Massachusetts Legal Developments Blog

Advice on Responding to False Sex Crime Charges

 

A man from Chicago was arrested in Boston at the beginning of June and charged with sexual exploitation of children as well as the receipt of child pornography. After an initial federal court appearance in the Northern District of Illinois, the man was detained following a detention hearing. Charging documents reveal that in June 2020, the man threatened and manipulated a Massachusetts minor through Snapchat as well as text messages that requested the minor make and send images and videos of the minor engaged in sexual conduct. The investigation revealed that both the Snapchat account and phone number utilized to contact the victim belonged to the man. A subsequent search of the man’s phone revealed that the victim had sent over one thousand media files to the man’s Snapchat account. Several of the files included child pornography. 

The charge of sexual exploitation provides for a mandatory minimum sentence of 15 years and up to 30 years in prison, a lifetime of supervised release, and a fine of up to $250,000. The charge of receipt of child pornography carries similar penalties. 

If you are charged with a sex crime in Massachusetts, there are some important details that you should know before responding to these charges.

External Motives Often Exist to Make False Allegations

It is critical for your attorney to assess whether a false motive existed for the sex crime allegation to be made. While it would be ideal if no one would ever lie about sex crimes, this is sometimes not the case. To overcome the inclination to believe the victim, you will be required to show that they had a reason to lie. Motivations can include things like revenge or jealousy. 

What Words Are Used Can Make a Significant Difference

A judge has minimal time to make assessments and determinations about the alleged victim and perpetrator. Word usage can play a critical difference in influencing whether a person is convicted. For example, using words like “victim” and “defendant” sends a subtle message about guilt to the jury. 

Prepare the Accused to Testify

Many sex crime cases end up as a version of “He said/She said.” In these situations, the jury tends to treat the victim as a credible witness and has an automatic disdain for the person charged with the offenses. In other situations, the jury is more forgiving if the accused appears nervous or has an angry outburst. The accused should do everything possible to create a good relationship with the jury, which sometimes means fully preparing to provide testimony about how the incident occurred. 

Obtain the Assistance of an Experienced Sex Crimes Attorney

Deciding how to best respond to a sex crime charge is never easy, but one of the best steps that you can take in doing so is to obtain the assistance of an experienced criminal defense lawyer. Contact attorney Edward R Molari today to schedule a free case evaluation.