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Sex Crimes

We represent clients who are being investigated for or are charged with sex crimes, including rape, indecent assault and battery, human trafficking, incest, creation or possession of child pornography, distributing harmful material to a minor, violations of sex offender registry requirements, and sex-related public order offenses such as prostitution, indecent exposure, and lewd, wanton, and lascivious acts. We are experienced at handling such cases from the initial investigation through trial, and on appeal when an appeal is necessary.

Often, before clients are even arrested we have begun working with them during the police investigation of the case, advising them on how to handle requests from the police or prosecutors. In sex crime cases, it is important to us to immediately meet with the client and, in most cases, hear his or her side of the story. Many sex crime cases are based on the testimony of the alleged victim, and our first job is to assess whether our client should testify at trial to explain his or her side of the story. Once we have made that judgment, we can then utilize all of our other legal and expert resources to build our case strategy around that decision.

Many sex crime cases involve forensic evidence which we have to assess, explain to the jury, and then refute in simple, non-technical language that jurors can understand. To do this, we rely on the best forensic experts in the country to analyze the forensic evidence in our cases and explain to the jury how that evidence should be interpreted. Our experts assess crime-scene evidence, hospital reports, and forensic sexual assault exams of the alleged victim, giving their opinions as to the evidentiary value of the material the prosecution presents. Because we are so experienced in handling these cases we understand the basic medical and scientific issues that often come into play, and are adept at translating that information for juries and judges so that it is easy to understand.

Many of these cases also involve drug and alcohol use, either on the part of our client or on the part of the alleged victim. Our experience has taught us that judges and juries do not fully understand the effects of drug and alcohol use in these cases, and because of that we have developed relationships with the foremost experts in this area. We bring these experts in to our cases so that they can explain the nuances of how different drugs and alcohol affect people, including explaining how people may act and appear during alcohol-induced blackouts. We have found that these experts help us enormously in cases where there is drug and alcohol use and issues of consent are contested.

Throughout our cases we keep in mind the sex offender registry requirements in Massachusetts. We understand the severe burden registration puts on our clients’ abilities to re-start their lives and regain employment after being convicted of a sex crime, and we work with prosecutors and judges to limit those requirements wherever possible. In one instance, we persuaded a judge that a statutory exemption permitted him to relieve our client's obligation to register as a sex offender. We also represent clients before the Sex Offender Registry Board (SORB) and clients accused of violating their registration requirements.

Our years of experience defending clients accused of sex crimes means that we go into each case with a strong foundation of legal knowledge on which to draw, and a good understanding of how to approach juries with these sensitive and inflammatory topics. In each case we build upon that knowledge by conducting thorough legal and factual research to uncover every possible defense our client may have, and then commit ourselves to tying those defenses together in a way that is easily understandable and persuasive to the judge or jury. This approach to sex crime cases has led to important wins for our clients. For example, in one case charging our client with rape and indecent assault and battery of his wife, our attorneys obtained an acquittal on all of the charges. In another case a client charged with rape and incest was acquitted of the rape charges and our attorneys convinced the judge not to require the client to register as a sex offender.

If you are being investigated for a sex crime or are facing criminal sex crime charges and you need legal advice, please call our attorneys at (617) 742-6020.

Client Reviews
I hired Mr. Duncan to deal with a very sensitive issue that my daughter had. Since the first contact, I had a very good impression of him. He transmitted confidence and appeared to know exactly what to do. I called and emailed him many times, he was polite and comprehensible with the anxiety of a father and appeared to know every step to solve the case. I strongly recommend Mr. Duncan. Flavio Lajoia
If you are reading this review, it means either you or a family member is in trouble and needs immediate legal counsel. Please know your search can end right now because Zalkind, Duncan & Bernstein is the law firm to hire. They are honest, responsive, compassionate and have the experience and expertise to bring... Client
I contacted Zalkind Duncan & Bernstein to assist with a Title IX case. From our initial conversation, Naomi Shatz had a strong understanding of Title IX policies and conducted each step of the process with professionalism, honesty and a responsiveness that did not disappoint. Ms. Shatz displayed confidence and just as important, compassion when needed. Client
I worked with Emma Quinn-Judge and Monica Shah. And from my first contact on the phone, on to my first meeting in their office and during the trial, I found them and the firm's entire team to be a group of consummate legal professionals who are very knowledgeable, patient, dedicated, fair, honest and caring... Chantal C.
I am forever grateful to all the staff at this firm, but in particular, Ms. Shah, Mr. Zalkind and Mr. Silverglate. They represented my son who was being sought for extradition to Scotland. The case took years to fight, covering new legal ground, setting precedence. But each one of these legal eagles went above and beyond the duty of office... Suzanne D.