Product Description

Recent updates:

• Update: January 2025

  Dear Subscriber:

  Thank you for purchasing the latest edition of Trying Sex Offense Cases in Massachusetts . Inside, you will find hundreds of points of new material, on topics including the following:

  • Sexual misconduct by health-care providers and the clergy. See chapter 1 for new material pertaining to G.L. c 265, § 22D, which came into effect November 6, 2024. The new section criminalizes sexual misconduct by health-care providers and clergy. Subsection 22D(a) defines the term "health care provider". The four elements of the crime are set forth.

  • Other sexual allegations. See chapter 2 for a discussion of the rape shield law. The chapter addresses, in particular, admissibility of allegations of sexual abuse as long as such allegations bear sufficiently unusual similarities to the allegations in the present case that their repetition suggests that the complainant may be drawing from the prior allegations to fabricate the new ones. A 2024 decision is cited.

  • Statutory rule of exclusion of evidence. Chapter 4 discusses a 2024 decision where it was noted that a defendant's constitutional right to put forth a defense outweighs the interests underlying the rape-shield statute provided that the defense theory for introduction of the evidence is more than mere hope or speculation.

  • Competency of alleged victim. See chapter 6 for a citation of a decision addressing the constitutionality of the trial court's refusal to permit a defendant charged with sexually abusing minor to cross-examine the complainant about statements concerning purported sexual abuse by a third party.

  • DNA. Chapter 7 discusses probabilistic genotyping as part of the analysis and interpretation of DNA profiles, and calculation of a "likelihood ratio" that expresses the DNA results by comparing the prosecution's hypothesis and the defense hypothesis. The chapter provides explanation regarding this sort of analysis and interpretation.

  We at MCLE trust that you will find this new content valuable in your practice and library.

  Cordially,

  MCLE Press

Table of Contents

Chapter 01 expand

Statutes, Elements, and Penalties

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Tara B. Burdman, Esq., Bristol District Attorney's Office

Chapter 02 expand

Defenses to Charges of Sexual Assault and Other Sexual Crimes

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Jeffrey A. Garland, Esq., Committee for Public Counsel Services

Checklist 2.1

- Checklist of Defenses to Charges of Sexual Assault Buy Form

Exhibit 2A

- Amendments to G.L. c. 277, § 63 Regarding Statutes of Limitations in Sex Offense Cases Buy Form

Chapter 03 expand

Discovery and Investigation in Sex Offense Cases

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Lawrence W. Madden, Esq., Committee for Public Counsel Services

Checklist 3.1

- Checklist for Discovery and Investigation in Sex Offense Cases Buy Form

Exhibit 3A

- Motion to Preserve Evidence Buy Form

Exhibit 3B

- Letter to Police Regarding Client Representation Buy Form

Exhibit 3C

- Motion for Exculpatory Evidence: Details of Interviews with Alleged Victim—Child Buy Form

Exhibit 3D

- Motion for Preservation of and Access to Physical Evidence Buy Form

Exhibit 3E

- Motion for List of Persons Present Buy Form

Exhibit 3F

- Motion for Statements of Complaining Witness (Adult) Buy Form

Exhibit 3G

- Motion for Discovery of Exculpatory Evidence: Inconsistent Statements Buy Form

Exhibit 3H

- Motion for Exculpatory Evidence: Prior Complaints (Adult) Buy Form

Exhibit 3I

- Motion for Exculpatory Evidence: Prior Complaints (Child) Buy Form

Exhibit 3J

- Motion for Disclosure and Production of Medical Records Buy Form

Exhibit 3K

- Motion for Production of School Records Buy Form

Exhibit 3L

- Motion for Production of Police Reports and Supporting Statements Buy Form

Exhibit 3M

- Motion for Discovery of Prospective Expert Testimony Buy Form

Exhibit 3N

- Motion for Disclosure of Prior and Subsequent Bad Acts Buy Form

Exhibit 3O

- Motion for Bill of Particulars Buy Form

Exhibit 3P

- Motion for Production of 51A and 51B Department of Children and Families Records Buy Form

Exhibit 3Q

- Affidavit in Support of Motion for Exculpatory Evidence: DCF Records Buy Form

Exhibit 3R

- Motion for Psychiatric History of Complaining Witness Buy Form

Exhibit 3S

- Motion for Rewards, Promises, and Inducements Buy Form

Exhibit 3T

- Motion for Disclosure of Identification Procedures Buy Form

Exhibit 3U

- Motion for Information Regarding History of Drug and Alcohol Abuse of Any Commonwealth Witness Buy Form

Exhibit 3V

- Affidavit in Support of Defendant’s Motion for Information Buy Form

Exhibit 3W

- Motion for Discovery of Exculpatory Evidence: Media or Print Materials Buy Form

Exhibit 3X

- Motion for Expenses Buy Form

Exhibit 3Y

- Affidavit in Support of Motion for Expenses Buy Form

Exhibit 3Z

- Motion for Victim Witness Advocate Reports Buy Form

Chapter 04 expand

Affirmative Pretrial Motions

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C. Henry Fasoldt, Esq., C. Henry Fasoldt, Attorney At Law

Checklist 4.1

- Checklist for Affirmative Pretrial Motions Buy Form

Exhibit 4A

- Opposition to Commonwealth’s Motion for an Order Compelling Defendant to Provide a DNA Sample by Means of a Buccal Swab (Sample Previously Taken) Buy Form

Exhibit 4B

- Motion in Opposition to Compelled Submission to Oral Swabbing Buy Form

Exhibit 4C

- Motion for Production of Hospital Records in a Sexual Assault Case Buy Form

Exhibit 4D

- Baxter Motion Buy Form

Exhibit 4E

- Motion in Limine to Exclude Proposed Expert Testimony: Characteristics of Child Sex Abuse and “Delayed Disclosure” Buy Form

Exhibit 4F

- Motion to Admit Evidence of Alleged Victim’s Sexual Conduct with Defendant Pursuant to G.L. c. 233, § 21B (Rape Shield Statute) and Supporting Affidavit Buy Form

Exhibit 4G

- Motion Pursuant to G.L. c. 233, § 21B (Rape Shield Statute) re: Evidence of Physical Condition of Victim–Victim’s Sexual Conduct and Supporting Affidavit Buy Form

Exhibit 4H

- Ruffen Motion Buy Form

Exhibit 4I

- Pyne Motion Buy Form

Exhibit 4J

- Motion Pursuant to Commonwealth v. Dwyer to Permit Defense Counsel to Admit into Evidence the “Psych Consult” of Alleged Victim Buy Form

Chapter 05 expand

Production of Third-Party Records

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Julie A. Buszuwski, Esq., Committee for Public Counsel Services
Sandra Gant, Esq., Federal Public Defender Office

Exhibit 5A

- Motion to Expand Protective Order to Allow Copies of Privileged Records to Be Made Available to Counsel and His Expert Buy Form

Exhibit 5B

- Motion Pursuant to Commonwealth v. Dwyer to Permit Defense Counsel to Admit into Evidence Psychiatric Record of Alleged Victim Buy Form

Exhibit 5C

- Motion for Production of Mobile Data Terminal Records Buy Form

Exhibit 5D

- Motion for Court Summons of Internal Affairs Documents Buy Form

Exhibit 5E

- Motion for Production of Surveillance Video Buy Form

Exhibit 5F

- Motion for Court Order to Permit Defense Counsel and Investigator to View, Measure, and Photograph Crime Scene Buy Form

Exhibit 5G

- Motion to Order Employer to Comply with Rule 17(a)(2) Summons, or for Show Cause Hearing Buy Form

Exhibit 5H

- Sample Public Records Request Buy Form

Exhibit 5I

- Sample Appeal of Public Records Request Denial Buy Form

Exhibit 5J

- Sample FOIA Request Buy Form

Chapter 06 expand

Specific Issues with Child Complainants

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Joanne M. Daley, Esq., Federal Public Defender Office

Checklist 6.1

- Checklist of Special Issues with Child Complainants in Sex Offense Cases Buy Form

Exhibit 6A

- Motion for Exculpatory Evidence: Details of Interviews with the Child Buy Form

Exhibit 6B

- Motion for Information Regarding the Qualifications of Any Commonwealth Witnesses Who Interviewed the Child Buy Form

Exhibit 6C

- Motion for Preservation of, and Access to, the Physical Evidence Buy Form

Exhibit 6D

- Motion to Have Any Subsequent Interviews of the Complainant Videorecorded Buy Form

Exhibit 6E

- Motion for a Pretrial Taint Hearing and Affidavit in Support Buy Form

Exhibit 6F

- Motion in Limine Regarding Commonwealth Expert Testimony on the Dynamics of Child Sexual Abuse and a Request for a Voir Dire Hearing on the Reliability of the Testimony Buy Form

Exhibit 6G

- Memorandum in Support of the Defendant’s Motion in Limine Regarding Commonwealth Expert Testimony on the Dynamics of Child Sexual Abuse Buy Form

Exhibit 6H

- Motion for Voir Dire Hearing Regarding Commonwealth Expert Witnesses Buy Form

Exhibit 6I

- Motion in Limine Regarding Commonwealth’s Expert Testimony on the Lack of Physical Trauma to the Child Complainant Buy Form

Exhibit 6J

- Required Reading Concerning the Suggestibility of Children and Flawed Interview Techniques Buy Form

Exhibit 6K

- Quotations and References from Learned Treatises for Use in Cross-Examination of Medical Doctor in Child Abuse Case Buy Form

Exhibit 6L

- Quotations and References from Learned Treatises for Use in Cross-Examination of Psychological Expert in Child Abuse Case Buy Form

Chapter 07 expand

Forensic Evidence

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Hon. Ira L. Gant, Plymouth Superior Court, Commonwealth of Massachusetts

Checklist 7.1

- Forensic Evidence Checklist for Defense Counsel Buy Form

Exhibit 7A

- Sample Motion for Funds for DNA Expert Buy Form

Exhibit 7B

- Protocol for Adult/Adolescent SANEs: Section I (Introduction) and Section IX: SANE Forensic Examination Buy Form

Exhibit 7C

- Sexual Assault Kits and Forensics Buy Form

Exhibit 7D

- Websites for Research on Sexual Abuse of Children Buy Form

Exhibit 7E

- Sample Commonwealth Motion to Compel Defendant to Provide Buccal Swab Buy Form

Exhibit 7F

- Sample Defendant’s Opposition to Commonwealth’s Motion to Compel Defendant to Provide a DNA Sample by Means of a Buccal Swab Buy Form

Exhibit 7G

- Representation of the Twenty-Three Pairs of Chromosomes Buy Form

Exhibit 7H

- Artistic Rendition of Paired Chromosome, DNA Structure, and Base Pairs Buy Form

Exhibit 7I

- Sample Motion for DNA Discovery Buy Form

Exhibit 7J

- Table Showing Approximate Location of Each Locus Among the Chromosomes Buy Form

Exhibit 7K

- Example of Electropherogram Buy Form

Exhibit 7L

- Sample DNA Report Buy Form

Exhibit 7M

- Reference Authorities: Forensic Evidence in Sex Offense Cases Buy Form

Exhibit 7N

- Flow Chart of Sperm Life Buy Form

Exhibit 7O

- Useful Websites for Research and Statistics on Sexual Assault Buy Form

Chapter 08 expand

Voir Dire Issues

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Matthew J. Fleischner, Esq., Committee for Public Counsel Services
Hon. Mary-Lou Rup, Bulkley, Richardson and Gelinas LLP

Checklist 8.1

- Checklist of Voir Dire Issues Buy Form

Exhibit 8A

- Superior Court Rule 6: Jury Selection Buy Form

Exhibit 8B

- Sample Defense Motion for Voir Dire Questions Buy Form

Exhibit 8C

- Sample Prosecution Motion for Voir Dire Questions Buy Form

Exhibit 8D

- Sample Respondent’s Motion for Voir Dire Questions Buy Form

Exhibit 8E

- Sample Motion for Attorney-Conducted [Panel or Individual] Voir Dire Buy Form

Exhibit 8F

- Superior Court Voir Dire—A Procedural Overview Buy Form

Chapter 09 expand

Issues Pertaining to the Complainant at Trial

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Lisa S. Lippiello, Esq., Olin Lippiello LLP

Checklist 9.1

- Defense Counsel’s Checklist of Issues Pertaining to the Complainant at Trial in a Sex Offense Case Buy Form

Exhibit 9A

- Motion to Admit Evidence Pursuant to G.L. c. 233, § 21B Buy Form

Exhibit 9B

- Juvenile’s Motion to Admit Evidence Pursuant to G.L. c. 233, § 21B Buy Form

Exhibit 9C

- Juvenile’s Motion in Limine Buy Form

Exhibit 9D

- Motion to Admit Evidence of False Allegations of Rape Buy Form

Exhibit 9E

- Motion for Exculpatory Evidence Buy Form

Exhibit 9F

- Motion to Admit Evidence Buy Form

Exhibit 9G

- Motion for Hearing Concerning Witnesses Buy Form

Chapter 10 expand

Issues Pertaining to the Adult Defendant at Trial

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J. Anne Iglehart, Esq., Iglehart & Porges

Checklist 10.1

- Checklist of Issues for Representing an Adult Sex Offense Defendant at Trial Buy Form

Chapter 11 expand

Issues Pertaining to the Juvenile Defendant at Trial

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Laura Alfring, Esq., Committee for Public Counsel Services - Youth Advocacy Division
Stacey G. Bloom, Esq., Department of Youth Services, Commonwealth of Massachusetts
James Robert Ladino, Esq., Committee for Public Counsel Services, Children and Family Law Division
Stephanie Stolk Ormsby, Esq., Committee for Public Counsel Services
Joshua Reuling, Esq., Committee for Public Counsel Services

Checklist 11.1

- Checklist for Attorneys Representing Juveniles Charged with Sex Offenses Buy Form

Checklist 11.2

- Checklist for Persons Adjudicated Delinquent or Youthful Offender Who Must Register as a Sex Offender Buy Form

Exhibit 11A

- Juvenile’s Motion to Dismiss Rape of a Child and Indecent Assault and Battery on a Child Charges Buy Form

Exhibit 11B

- Juvenile’s Memorandum in Support of Motion to Dismiss Based on Right to Privacy, Equal Protection, and Selective Prosecution Buy Form

Exhibit 11C

- Juvenile’s Memorandum in Support of Motion to Dismiss Based on Cruel and Unusual Punishment, Right to Privacy, and Due Process Buy Form

Exhibit 11D

- Juvenile’s Memorandum in Support of Motion to Dismiss Based on Vagueness and Ambiguity of Statute and Public Policy Buy Form

Exhibit 11E

- Motion to Dismiss Sex Offense Charged Based on Failure to Establish Infliction or Threatening of Serious Bodily Harm Buy Form

Exhibit 11F

- Suggested Adolescent-Specific Language for Jury Instructions Buy Form

Chapter 12 expand

First Complaint Issues at Trial

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Julie A. Buszuwski, Esq., Committee for Public Counsel Services

Checklist 12.1

- Checklist of First Complaint Issues Buy Form

Exhibit 12A

- Defendant’s Motion in Limine to Limit Proposed “First Complaint” Testimony and Request for Limiting Instruction Buy Form

Exhibit 12B

- Defendant’s Motion in Limine Opposing Commonwealth’s Motion to Substitute First Complaint Witness Buy Form

Exhibit 12C

- Juvenile’s Motion in Limine to Limit First Complaint Testimony and Request for Limiting Instruction Buy Form

Chapter 13 expand

Experts for Prosecution and Defense

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James Kaeding, Esq., Committee for Public Counsel Services

Checklist 13.1

- Checklist for Consideration of Experts in a Sex Offense Trial Buy Form

Exhibit 13A

- Chart of Court Appeal Structure Buy Form

Chapter 14 expand

Cross-Examination Examples in Sexual Assault Cases

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Kelli L. Porges, Esq., Iglehart & Porges

Checklist 14.1

- Checklist for Cross-Examination in a Sexual Assault Case Buy Form

Exhibit 14A

- Cross-Examination of Complainant in Consent Defense Case Buy Form

Exhibit 14B

- Sample Examination of Police Criminalist Regarding Rape Kit and Secretor Status Buy Form

Exhibit 14C

- Sample Cross-Examination of Criminalist Regarding Whether There Was Any Sexual Activity at All and, If So, the Identifying Markers of the Assailant Buy Form

Exhibit 14D

- Suggested Cross-Examination Areas for Medical Personnel Initially Treating Patient Complaining of Sexual Assault Buy Form

Exhibit 14E

- Sample Motion for Leave to Subpoena Treatment Records Pursuant to Commonwealth v. Lampron Buy Form

Exhibit 14F

- Sample Discovery Motion Buy Form

Exhibit 14G

- Sample Motion in Limine to Admit Specific Act(s) of Sexual Conduct by Complaining Witness Buy Form

Chapter 15 expand

Motions in Limine

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Laurel A. Singer, Esq., Committee for Public Counsel Services Worcester District Court Office

Checklist 15.1

- Checklist of Motions in Limine in a Sexual Assault Case Buy Form

Exhibit 15A

- Motion to Sequester Witnesses Buy Form

Exhibit 15B

- Motion to Exclude Defendant’s Prior Convictions Buy Form

Exhibit 15C

- Motion to Preclude Reference to Complainant as “Victim” Buy Form

Exhibit 15D

- Motion to Exclude Prior Bad Act Evidence Buy Form

Exhibit 15E

- Motion for Voir Dire of Expert Buy Form

Exhibit 15F

- Motion for Voir Dire of Therapist Buy Form

Exhibit 15G

- Motion to Limit Expert Testimony Buy Form

Exhibit 15H

- Motion to Amend Protective Order Regarding Presumptively Privileged Records Buy Form

Exhibit 15I

- Motion to Permit Introduction of Evidence Obtained from Privileged Records Buy Form

Exhibit 15J

- Motion to Release Records from Terms of Protective Order Buy Form

Exhibit 15K

- Motion for Competency Hearing of Child Witness Buy Form

Exhibit 15L

- Motion to Preclude “Missing Witness” Inference Buy Form

Exhibit 15M

- Motion in Limine for Revised First Complaint Instruction Buy Form

Exhibit 15N

- Motion in Limine to Restrict Testimony Regarding Investigative Process Buy Form

Exhibit 15O

- Motion in Limine to Exclude Admission of Defendant’s Silence Buy Form

Exhibit 15P

- Motion in Limine to Restrict Testimony Regarding Mental Health Issues Buy Form

Chapter 16 expand

Improper Closing Arguments

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Shira M. Diner, Esq., Boston University School of Law

Checklist 16.1

- Checklist of Improper Closing Arguments Buy Form

Chapter 17 expand

Jury Instructions

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Paul R. Rudof, Esq., Strehorn, Ryan, & Hoose

Checklist 17.1

- Checklist for Jury Instructions in a Sexual Assault Case Buy Form

Chapter 18 expand

Collateral Consequences of Sex Offense Convictions or Adjudications

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Michael A. Nam-Krane, Esq.,

Exhibit 18A

- Table Showing Selected Crimes and the Consequences They May Trigger Buy Form

Exhibit 18B

- Juvenile’s Motion for Relief from Sex Offender Registration Buy Form

Chapter 19 expand

Immigration Consequences of Massachusetts Sex Offenses

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Maria S. Hwang, Esq., Committee for Public Counsel Services

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