Prostitution

Published on: August 8, 2014

Framingham Man Arrested After Prostitute Allegedly Steals his Money

According to an article in the MetroWest Daily News, a Framingham man was arrested last week and charged with sexual conduct for a fee and disorderly conduct. The article states that Framingham police officers saw the man chasing a woman down the street and yelling at her. The police then stopped the man and proceeded to question him, as well as the woman. The man told the police that he had solicited the woman for sex and that she then stole $80 from him. The woman denied the claim, and the police subsequently arrested and charged the man with the above referenced crimes.

For the Commonwealth to obtain a conviction against the defendant for sex for a fee under G. L. c. 272, § 53A, it would have to show the following beyond a reasonable doubt: (1) that the man either engaged, or agreed to engage, or offered to engage, in sexual conduct with another person; and (2) that the sexual conduct was to be done in return for a fee. For the Commonwealth to obtain a conviction against the man for the charge of disorderly conduct under G. L. c. 272, § 53, it would likewise have to show the following beyond a reasonable doubt: (1) that the man either engaged in fighting or threatening, or engaged in violent or tumultuous behavior or created a hazardous or physically offensive condition by an act that served no legitimate purpose of the defendant’s; (2) that the man’s actions were reasonably likely to affect the public; and (3) that the man either intended to cause public inconvenience, annoyance or alarm, or recklessly created a risk of public inconvenience, annoyance or alarm. Continue reading →

Published on: September 22, 2013

Worcester Man Accused of Having Sex with Under Age Girls

By Daniel Cappetta

According to an article from MetroWest Daily News, a Worcester man was arrested for having sex with two underage girls – one sixteen and one fourteen – at a Motel 6 in Northborough. Following the arrest, the man was arraigned in the Westborough District Court on September 11, 2013 on charges of: rape, rape of a child under 16, indecent assault and battery on a person over 14, and contributing to the delinquency of a minor.

Prior to the arrest, the police reportedly received information that two girls were working at the motel as prostitutes and went to investigate. During the course of this investigation, the man was arrested. It is unclear whether the police believed that he was involved in the alleged prostitution scheme, was a john, or was involved in some other way. Most likely, the police concluded that the man was a john, as he was not charged with “deriving support from a prostitute,” which is the Massachusetts pimping statute. In court, the prosecutor claimed that the man had lured the girls to the motel with drugs and alcohol, then coerced them into sexual acts, and took pictures of them in various states of nudity. It is unclear whether these photographs were recovered. Further, although a condom was reportedly recovered from the motel room’s trash, it is likewise unclear whether any DNA was recovered from it.

In contrast to the prosecutor’s allegations, the man’s defense attorney emphatically denied the accuracy of the girls’ story, stating that the man was simply letting the girls stay in the room as a favor. The attorney also indicated that the girls represented to the man that they were in their twenties. While the attorney appeared to acknowledge that the man and the older girl did engage in some sort of sexual activity, he also clearly stated that such activity was consensual.

The girls’ allegations are concerning and may have serious consequences for the man. However, it seems as though there are potential weaknesses in the Commonwealth’s version of the events. Although the prosecutor steered clear of referring to the girls as prostitutes, they may well have been engaged in the exchange of sex for some sort of fee – monetary or otherwise – which is a crime under G. L. c. 272, § 8. Given the fact that the police had received information that some sort of prostitution was occurring at the motel, this seems to be the most likely explanation. In the event that this is the case, the Commonwealth may have trouble proving the charges against the man. In particular, the girls may have a 5th Amendment privilege against self-incrimination. Such a privilege means that if the girls’ testimony against the man would result in them incriminating themselves as well, they have a right to refuse to testify. If the case proceeds to Superior Court, the prosecution may choose to grant immunity to the girls in exchange for their testimony against the man – in other words, agree not to prosecute them for any criminal activity if they agree to testify against the man at trial. However, the man would then have a strong argument that the girls were biased or motivated to lie about what really happened so that they could get out from under any criminal charges.

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Published on: September 17, 2012

Two Women Arrested on Prostitution Charges in Framingham Motel

By Daniel Cappetta

Two women from Providence were arrested in the Red Roof Inn in Framingham on prostitution charges, according to The Metrowest Daily News. The women – one of whom was 30 and the other of whom was just 17 – were arrested at the Rte. 30 motel at 11:18 p.m., according to police spokesman Lt. Ron Brandolini.

Police began investigating the women on Thursday after an employee at the Red Roof Inn called the police and reported that the women were acting suspiciously, Brandolini said. After receiving the call, police went to the website “Backpages” and found what they believed to be advertisements for escorts that matched the women’s descriptions. Brandolini alleges that the police called the number, arranged to have sex for $200 an hour with the women, and were told to come to a room at the Inn. He further alleges that when police arrived, one of the women greeted an officer at the door.

According to Brandolini, the woman that answered the door initially said she was the person who answered the phone and arranged the deal; however, after her arrest, police claim to have discovered it was actually the other woman who had arranged the meeting. Police claim that the second woman was in the room next door when police arrived.
Police charged both women with prostitution.

The women were scheduled to be arraigned in Framingham District Court on Friday, September 8th. However, because no Spanish interpreter was available, both women were released and ordered to return the week of September 10th to be arraigned.

Prostitution is a misdemeanor offense in Massachusetts. People suspected of prostitution are often charged with trespassing, which is also a misdemeanor, when police do not have adequate evidence to charge them with prostitution.

The laws regarding prostitution in Massachusetts have recently been changed through legislation. The new law imposes a life sentence for anyone found guilty of trafficking children for sex or forced labor. The new law also includes a safe harbor provision for first-time offenders under eighteen, which allows prosecutors to view them as victims, rather than criminals. Anyone soliciting a prostitute would face a prison sentence of up to two and a half years and a fine of up to $5,000 if convicted. Anyone who agrees to pay for sex with someone under 18 would face a sentence of up to 10 years in prison if they are convicted.

The new law also creates a new crime: enticing a child into prostitution by electronic communication. This new law is in response to the growing use of the Internet as a human trafficking tool.

The city of Worcester is also looking to create a change in its law regarding prostitution. The new law would give the city of Worcester the authority to impound cars driven by “Johns”.

Any charge relating to engaging in prostitution is a potentially embarrassing and serious charge, with some charges being more serious than others. When you have been charged with this kind of offense, you need an experienced and dedicated Massachusetts prostitution lawyer.

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