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Norfolk County Teacher Arrested for Alleged Rape of Child

splatter-question-1171359According to an article in the MetroWest Daily News, a Norfolk County Agricultural High School teacher was recently charged with raping a child. The teacher is specifically charged with (1) rape of a child with force; (2) aggravated rape of a child; and (3) indecent assault and battery of a person under 14. The article states that the teacher, a fifty year old male who reportedly knew the alleged victim, perpetrated the alleged sexual assault in Norwood. The alleged victim’s age and gender have not been released and the court documents have been impounded.

For the Commonwealth to prove that the teacher committed the crime of rape of child with force under G. L. c. 265, § 22A, it would have to provide evidence of the following beyond a reasonable doubt: (1) that the defendant engaged in sexual intercourse with the alleged victim; (2) that the sexual intercourse was accomplished by compelling the alleged victim to submit by force or by threat of bodily injury and against his or her will; and (3) that the alleged victim was a child under sixteen years of age at the time of the alleged offense.

For the Commonwealth to prove that the teacher committed the crime of aggravated rape of child under G. L. c. 265, § 23, it would have to provide evidence of the following beyond a reasonable doubt: (1) that the defendant engaged in sexual intercourse, either natural or unnatural, with the alleged victim; (2) that the alleged victim was a child under sixteen years of age at the time of the alleged offense; (3) that the sexual intercourse was unlawful; and (4) there was more than a five year age difference between the defendant and the alleged victim and the alleged victim was under twelve years old or there was more than a ten year age difference between the defendant and the alleged victim and the alleged victim was between twelve and sixteen or at the time of such intercourse, the defendant was a mandated reporter as defined in G. L. c. 119, § 21.

For the Commonwealth to prove that the teacher committed the crime of indecent assault and battery on a child under fourteen under G. L. c. 265, § 13B, it would have to provide evidence of the following beyond a reasonable doubt: (1) that the alleged victim was under fourteen at the time of the alleged offense; (2) that the defendant committed an assault and battery on the alleged victim; and (3) that the assault and battery was “indecent,” as that word is commonly understood, measured by common understanding and practices. An indecent act is one that is fundamentally offensive to contemporary standards of decency. An assault and battery may be “indecent” if it involves touching portions of the anatomy commonly thought of as private, such as a person’s genital area or buttocks, or the breasts of a female.

The charges that the teacher is facing are undeniably serious – both because of the potential criminal penalties, and because of the significant collateral consequences of a conviction for a sex offense, including the fact that the teacher would have to register as a sex offender if he were convicted, as well as the fact that he would face potential civil commitment as a sexually dangerous person.

Regardless of the arguments that the teacher may raise, however, he is still in dire need of an experienced defense attorney who will thoroughly investigate the case and skillfully present it to the court. If you or a loved is facing similarly serious charges, you will likewise need a practiced and skilled attorney to represent you. Attorney Daniel Cappetta has handled numerous sexual assault cases and understands the investigation, strategy, and presentation required to obtain successful results. Call him for a free consultation today.