Attempt to close a **** loophole

Salem

Midgets = funny
Jul 3, 2006
1,346
0
311
Buh Buh Buh Boston
#1
You guys aughta have a ball with this story...Good ol' Mass at it again....

http://www.telegram.com/article/20080228/NEWS/802280569/-1/Worcester&TEMPLATE=TOWNPORTAL&WT_TOWN=Worcester&WT_CAME_FROM=MAIN_PAGE

Consent after fraud, deceit

By John J. Monahan TELEGRAM & GAZETTE STAFF
jmonahan@telegram.com

Worcester District Attorney Joseph D. Early Jr. yesterday endorsed a proposed law to close what he described as a loophole in the state’s **** laws to cover cases against those who use fraud or deceit — not just physical force — to engage in sexual intercourse.

Mr. Early was joined by Middlesex District Attorney Gerard Leone and State Rep. Peter J. Koutoujian, D-Waltham, yesterday in calling for adoption of the proposed law.

They said the need for the change in the criminal **** laws was highlighted by several recent cases in which deception and fraud, rather than physical force, were used in *****.

In one case, the Supreme Judicial Court dismissed a **** charge in a Western Massachusetts case in which a woman consented to intercourse with her boyfriend’s brother in the darkness of her bedroom because he represented himself as the boyfriend.

The court, at the time of their ruling, recommended the loophole in the law be closed.

Another case involved a Winchendon critical care technician accused of indecent assault on a female patient, after he allegedly conducted an unauthorized pelvic examination. The woman claimed she later learned that exam was unnecessary and unauthorized, and a Worcester County grand jury issued an indictment on a **** charge.

At trial, one charge of assault and battery was dismissed and the man was found not guilty on a charge of indecent assault and battery on a person over 14.

The proponents of the new legislation said under current law the state cannot prosecute a **** charge without meeting the standards of both force and nonconsent. The legislation, they said, is intended to clarify the issue of consent so that **** charges could be brought in cases where there is no force used, but where consent is based on fraud by the perpetrator.

“The intent of the crime is the same and so the punishment should be the same,” said Mr. Koutoujian. He said besides a judicial mandate to file the legislation there is a moral obligation.

Mr. Leone said the bill closes a significant loophole in the **** statute. “We have always known that ‘no, means no’ and the current law allows us to effectively prosecute those cases. What this bill makes clear is that you cannot deceive or defraud a victim into saying yes.”

Mr. Koutoujian said the law would not ensnare so-called boasters, people who might brag of being a doctor, a war veteran, a sports star or something similar to win the affection of another.

“This legislation is meant to target sociopaths,” he said.

Nonetheless, Mr. Leone conceded, he expects the issue will be discussed by the Legislature, since the bill as drafted does not specifically exempt boasters by name.

It says, in its entirety: “Whoever has sexual intercourse or unnatural sexual intercourse with a person having obtained that person’s consent by the use of fraud, concealment or artifice, and who thereby intentionally deceived such person so that a reasonable person would not have consented but for the deception, shall be punished by imprisonment in the state prison for life or any term of years. As used in this statute, ‘fraud’ or ‘artifice’ shall not be construed to mean a promise of future consideration.”

Early said the primary focus of the bill is to target people such as the alleged fake boyfriend or the bogus doctor.

The legislation has also been endorsed by Jane Doe Inc., a coalition of **** crisis centers and domestic violence programs. “**** by fraud requires both premeditation and intention,” said Mary J. Lauby, Jane Doe executive director. She said such cases are predominantly perpetrated by someone who is known to and trusted by the victim.

Two cases highlighted the loophole in the state’s current **** law.

The first dates to January 2005, when Alvin Suliveres was accused of ****** his brother’s girlfriend.

The woman was staying at her boyfriend’s home, where the brother also lived. While her boyfriend was working a night shift, the door opened and she assumed it was him returning.

The brother allegedly got into bed, removed her clothes and had sex with her for about 10 minutes. When he opened the door to leave, she realized it was the brother.

In the pharmacy case, Nicholas Creanza was arrested in 2005 after two women told police he had assaulted them at the Louis & Clark pharmacy in Springfield. Prosecutors said Creanza performed pelvic examinations on the women, while posing as a doctor.

Mr. Creanza’s lawyer said there was no evidence of **** or indecent assault and battery.

Material from The Associated Press was used in this report
 

Salem

Midgets = funny
Jul 3, 2006
1,346
0
311
Buh Buh Buh Boston
#2
I guess "I love you" is a jailable offence now huh? Or when you tell a chick you make 60k do you have to have last years W2 ready or can she call the cops? Just when you think you have heard it all in this state they sneak shit like this in. Sure there is some good will behind the idea of the bill but think of how it will be abused in court. Good ol MA.
 

VMS

Victim of high standards and low personal skills.
Apr 26, 2006
10,309
2,650
586
#3
We've all heard you can't **** the willing, but I guess in Massachusetts you can't **** the stupid and gullible, either.
 

Kris_LTRMa

LoseTheRadio.net's Ma
Nov 17, 2006
9,749
1
333
right where I wanna be
#4
that chick knew it was her boyfriend's brother ... she changed to the story when the boyfriend found out.

Either that or she's really stupid - how the hell could she not know the guy fucking her was not her boyfriend?
 

Hudson

Supreme Champion!!!!!
Donator
Jan 14, 2002
32,840
4,566
898
Land of misfit toys
#5
that chick knew it was her boyfriend's brother ... she changed to the story when the boyfriend found out.

Either that or she's really stupid - how the hell could she not know the guy fucking her was not her boyfriend?
blind stinking drunk???
 

BIV

I'm Biv Dick Black, the Over Poster.
Apr 22, 2002
79,201
27,690
898
Seattle
#6
Christ, how do you get laid without lying?













What?
 

CougarHunter

Lying causes cat piss smell.
Mar 2, 2006
10,598
2,574
566
KC Metro
#8
No getting ass through fraud and deception?

What the fuck is wrong with these people.
 
Nov 29, 2006
3,452
374
523
FL
#9
This changes everything.
 

Hudson

Supreme Champion!!!!!
Donator
Jan 14, 2002
32,840
4,566
898
Land of misfit toys
#11
So now the line: "Every time you say "No", 50 puppies die." is out.. gotcha!