Massachusetts Criminal Defense Attorney Blog
The Lawrence Eagle Tribune reported that on October 10, 2008 a 45 year old Billerica man and a 25 year old Lawrence woman were charged with engaging in sex for a fee. The case is pending in the Lawrence District Court. According to the article, the man, drove his BMW through Lawrence passing a woman dressed in tight jeans, a halter top and wearing a lot of makeup. The woman motioned with her head to the car. A police officer witnessing the incident believed that the woman was working the streets. The driver stopped and had a conversation with the woman. She got in and the two proceeded to a residential neighborhood where the man parked the car. The two engaged in an apparent conversation after which the woman’s head dropped out of sight. The officer witnessing the incident called for backup and approached the car. When the officer got to the car he witnessed the two engaging in a sex act. Both parties were charged with engaging in sexual conduct for a fee. The man was also charged with soliciting a prostitute. The woman was additionally charged with being a common streetwalker. Read article, Lawrence Eagle Tribune October 11, 2008.
Engaging in sexual conduct for a fee is a crime pursuant to G.L. c. 272 sec. 53A in Massachusetts. The portion of the statute pertaining to this case is subsection (a) which states that anyone who “engages, agrees to engage, or offers to engage in sexual conduct with another person in return for a fee, or whoever pays, agrees to pay, or offers to pay another person to engage in sexual conduct, or to agree to engage in sexual conduct with another natural person, shall be punished by imprisonment in the house of correction for not more than 1 year or by a fine of not more than $500 or by both such imprisonment and fine, whether such sexual conduct occurs or not”. The article does not make clear how the officer was able to determine that the act was being committed for a fee. Obviously inferences can be drawn based on the clothing the woman was wearing, the circumstances surrounding the meeting and the place where the act was committed. Any prior relationship between the parties could undercut the officer’s opinion. Additionally, if the woman had a legitimate means of support one could argue the unreasonableness of the inference. An experienced Lawrence Massachusetts sex crimes defense lawyer would likely investigate these scenarios in preparing his defense of this case.
Soliciting a prostitute is a crime in accordance with Massachusetts General Laws Chapter 272 Section 8. That statute makes criminal anyone who solicits or gets paid for soliciting for a prostitute. Punishment for a violation of this law permits imprisonment in the house of correction for not more than one year or by a fine of not more than five hundred dollars, or both. The question here is, if in fact the parties engaged in criminal activity who solicited whom. The article suggests that the woman solicited the man. If that is the case the man should not be convicted for this offense. If you have been charged with a crime like this make sure you have a Massachusetts criminal attorney who has successfully defended sex crimes of this nature.
Being a common streetwalker is a crime proscribed by Massachusetts General Laws Chapter 272 Section 53 which states: “[c]ommon night walkers, common street walkers, both male and female, common railers and brawlers, persons who with offensive and disorderly acts or language accost or annoy persons of the opposite sex, lewd, wanton and lascivious persons in speech or behavior, idle and disorderly persons, disturbers of the peace, keepers of noisy and disorderly houses, and persons guilty of indecent exposure may be punished by imprisonment in a jail or house of correction for not more than six months, or by a fine of not more than two hundred dollars, or by both such fine and imprisonment. “A person may be convicted as a night walker only “if he [or she] is ‘abroad at night attempting to allure someone to illicit sexual intercourse”. Here, the officer witnessing the nod of the head suggests at least initially that the woman attempted to allure the man to having illicit sexual intercourse.
Attorney Stephen Neyman is committed to defending people accused of committing crimes in Massachusetts and throughout the country. There is no such thing as a hopeless case. No matter how serious the allegations are you should immediately contact and hire the best Massachusetts Criminal Defense Lawyer you can find. Each lawyer in our office has at least 20 years experience handling criminal case. Call us now to discuss your criminal case.