Sometimes, the most unexpected things can trigger police investigations and subsequent criminal investigations. Recently, a high school essay published by a student caused a criminal investigation in Massachusetts – eventually leading to a charge of "gross lewdness and lascivious behavior." Although the defendant attempted to appeal his conviction, he was ultimately unsuccessful.
Student Details Troubling Incident in High School Essay
This case stems from an incident described in a high school essay. This incident described involved a sleepover with two girls staying at the defendant's home – one of whom was the defendant's stepdaughter. At about 3:00 AM that night, the defendant is accused of pleasuring himself at the foot of the victim's bed. She woke up due to the sounds he was making, and he eventually ejaculated onto her ankle.
The victim then pulled her ankle back under the covers, causing the defendant to flee the room. She subsequently texted her mother and sister at 4:00 AM, asking to be picked up. They arrived at 8:00 AM, and the victim informed her family of the incident. However, she did not want to report the incident to the police – and life continued for the girl – who was 12 years old when this all happened.
Four years later, she wrote an essay describing these experiences. The police became aware of the essay and began investigating the defendant. During the trial, the judge instructed the jury about the legal definition of "lewdness and lascivious behavior." Under this definition, the defendant must act "openly" while "intending exposure" or "recklessly disregarding" the risk of exposure.
Later, the fact that the judge did not define the term "recklessly" became a sticking point. The defendant argued on appeal that if the judge wanted to use a vague term like "recklessly," they should have clearly defined it.
In response, the Commonwealth argued that this did not create a substantial risk of a miscarriage of justice. The real issue here, they claimed, was whether the defendant exposed his genitals "openly." Since the defendant's entire strategy at trial was that the defendant was lying about the incident, the court did not look favorably upon this later strategy.
In the end, the appeals court determined that the jury would have reached the same conclusion whether the judge had defined the term "recklessly" or not. It is worth noting that the defendant still experienced notable success, having already been found not guilty of a charge of assault and battery stemming from the same case.
Work With an Experienced Defense Attorney in Massachusetts
Although this particular attempt failed, highlighting issues with legal definitions is a legitimate defense strategy. It is the judge's responsibility to define various legal terms when they deliver the jury instructions, and certain omissions could certainly constitute miscarriages of justice. To discuss potential defense strategies in more detail, consider a consultation with Edward R. Molari, an experienced defense attorney in Boston.