Massachusetts Legal Developments Blog

Questions Raised Over Bail for Migrant Accused of Sex Crime

Sex crimes tend to elicit a strong reaction from the general public. Since time immemorial, these offenses have been seen as particularly heinous. Juries have little sympathy for sex criminals in Massachusetts, and even though the court is supposed to be impartial, it is difficult to imagine how a judge could remain unbiased when presiding over some of these cases. The public reacts particularly badly when the victim is a child, and such a case recently occurred in Massachusetts. To make matters even worse, it involved a migrant who entered the country illegally.  

Migrant Accused of Sex Crimes Raises Questions Over Bail System

In June of 2024, serious questions were raised over the bail system in Massachusetts after a migrant’s bail was set at $500. He had been accused of raping a child at a hotel, and he had been incarcerated since March of that year. He pleaded not guilty to one count of rape of a child with a 10-year age difference and a second count of rape of a child by force. 

Many pointed out the absurdity of a $500 bond for a suspected child rapist. Chief among them was the county prosecutor, who argued that the defendant was too dangerous to be released on such a low bail amount. However, the prosecutor did not actually argue against bail – he simply pointed out that it should have been $10,000 instead of $500. 

The migrant’s right to bail and the low amount stems in part from unanswered questions in this case. In particular, witnesses and video surveillance seem to show the victim entering and exiting the hotel room with little changes in her demeanor, hair, and clothing. However, a rape kit allegedly found male DNA on the victim – which the prosecutors hope to match to the defendant. 

In August of 2024, the defendant was released on a $500 bail bond. However, his freedom was short-lived. Soon after he was released, Immigration and Customs Enforcement (ICE) took him into custody to begin deportation proceedings. This is despite the fact that the defendant was arrested in a “sanctuary city,” where ICE “detainer requests” are ignored. 

In an ICE press release on their detention of the defendant, ICE described retainer requests as “critical public safety tools.” But the facts of the case are still unclear – and only a criminal trial can determine the defendant’s guilt. It is worth mentioning that, technically speaking, the defendant entered the United States illegally. As a result, ICE has the authority to deport him regardless of whether he is innocent or guilty. 

Find an Experienced Defense Attorney in Boston

If you are facing sex crime allegations in Boston, consider a consultation with an experienced defense attorney. These legal professionals can guide you toward positive outcomes, no matter how heinous your alleged crimes may be. The court is supposed to be impartial, and your defense attorney can help you ensure an unbiased trial. Reach out to Edward R. Molari today to get started with a defense strategy.