Child Sexual Abuse Laws in Massachusetts

Rape of a child under 16 by force or threat of bodily injury is punishable by life or any term of years in state prison. Rape and abuse of a child (sexual intercourse with a child under 16, even without force) is punishable by life or any term of years in state prison, or a term in a jail or house of correction. Indecent assault and battery on a child under 14 is punishable by up to 10 years in state prison or 2.5 years in a house of correction, and a child under 14 is deemed unable to consent. Prosecutions for these crimes may not be continued without a finding or placed on file.

Massachusetts's rule on court-appointed lawyers: Counsel for indigent defendants is provided through the Committee for Public Counsel Services, which establishes the definition of indigency (including a category of persons who are indigent but able to pay a reduced fee), subject to approval by the Supreme Judicial Court (c. 211D, § 2). Before counsel is appointed, the court's chief probation officer (or designee) interviews the applicant and prepares an indigency intake report, signed under the pains and penalties of perjury, with a recommendation that the judge may adopt or reject; eligibility is verified with Department of Revenue, Department of Transitional Assistance and Registry of Motor Vehicles data and reassessed every 6 months. A $150 counsel fee is assessed on persons provided counsel (except persons under 18); the court may waive it only if the person cannot pay within 180 days, and may allow community service at 10 hours for each $100 owed. Material misrepresentation of assets results in termination of the appointment and costs of not less than $1,000 (c. 211D, § 2A). G.L. c. 211D, §§ 2, 2A

How release before trial works in Massachusetts: A district court justice, clerk or assistant clerk, bail commissioner or master in chancery may admit a person to bail. The person shall be released on personal recognizance without surety unless the official determines, in the official's discretion, that such release 'will not reasonably assure the appearance of the person before the court.' Factors include the nature and circumstances of the offense and potential penalty, family ties, employment, length of residence, criminal record, history of failure to appear, and pending cases or probation. Bail must be set no higher than what would reasonably assure appearance after taking the person's financial resources into account; if bail is likely to result in long-term detention because the person cannot pay, the official must make written or recorded findings, including how the amount was calculated after considering financial resources. A person denied release by a district court justice may petition the superior court for review (G.L. c. 276, § 58). Dangerousness: for listed offenses (including felonies involving physical force, certain abuse-prevention-order violations and certain drug and firearm offenses), the Commonwealth may move for pretrial detention; the judge must find by clear and convincing evidence that no conditions will reasonably assure the safety of any other person or the community; the hearing is held at the first appearance unless continued (defendant up to 7 days, Commonwealth up to 3 business days), and detention without bail is limited, absent good cause, to 120 days in district court or 180 days in superior court (G.L. c. 276, § 58A). G.L. c. 276, §§ 58, 58A What happens after an arrest.

Each state sets its own rules for sealing or expunging records. See Massachusetts expungement and record sealing rules.