Criminal Charges:
Man charged in the Swansea, Massachusetts, Bristol County Fall River District Court, for:
- Indecent Assault and Battery on a Person 14 or over, in violation of M.G.L. c. 265, § 13H;
- Accosting/Annoying Another Person, in violation of M.G.L. c. 272, § 53
Case Overview:
A 14-year-old girl reported to Swansea Police Department an inappropriate encounter with her music teacher. She alleged that during a piano lesson, her teacher started venting about his wife and acting differently. He opened the door to look outside to see if anybody was around. He then sat down next to the girl, moved closer to her, rubbed his finger against her cheek three times, and told her that it was okay. He then ran his hand through her hair, rubbed the back of her head, pulled her close to him, hugged her, kissed her on the forehead, and again told her everything was going to be okay. Shortly afterwards, the teacher wrote a letter to the girl apologizing for his romantic actions toward her. He also sent her inappropriate text messages. The teacher was charged in Fall River District Court with Indecent Assault and Battery on a Person 14 or Over and Accosting/Annoying Another Person. He retained the Massachusetts Sexual Assault Defense Law Office of John L. Calcagni III, Inc. to represent him in his serious case.
Case Result: Continuation Without a Finding.
Attorney Calcagni’s goal was to secure a pretrial resolution that did not involve jail, sex offender registration, or a sex offense conviction for his client. Following negotiations, the Defense successfully secured the Commonwealth’s agreement to continue this matter without a finding (CWOF) for 2-years, with the condition that the teacher have no unsupervised contact with minors. The teacher accepted this offer, which the Court approved. The teacher avoided a criminal conviction, sex offender registration, and sex offender treatment. If the teacher remains in good behavior for 2 years, this case will be dismissed.
