Dismissal in Sexual Exploitation and Assault Case in Quincy, MA
Criminal Charges:
An adult boyfriend was arrested, and charged in the Quincy District Court for:
- Trafficking of a Person Under 18 for Sexual Servitude in violation of M.G.L. c. 265, § 50(b);
- Possession of Child Pornography in violation of M.G.L. c. 272, § 29C;
- Distributing Material of Child in Sexual Act in violation of M.G.L. c. 272, § 29B(b);
- Lascivious Posing/Exhibiting a Child in the Nude in violation of M.G.L. c. 272, § 29A(a);
- Assault & Battery on a Household Member in violation of M.G.L. c. 265, § 13M(a); and
- Distributing Obscene Matter in violation of M.G.L. c. 272, § 29
Case Overview:
A seventeen-year-old girl was interviewed by police after her parents reported her being sexually exploited by her adult boyfriend. She first informed police about two instances where he was physically violent towards her—once when he grabbed her by the arm and another when he pushed her to the ground. She then disclosed that they were making videos of them having sex and selling them online. Eventually, she wanted to stop making the videos, but she felt trapped. The boyfriend was arrested and charged with Trafficking of a Person Under 18 for Sexual Servitude, Possession of Child Pornography, Distributing Material of Child in Sexual Act, Lascivious Posing/Exhibiting a Child in the Nude, Assault & Battery on a Household Member, and Distributing Obscene Matter. He retained Massachusetts Criminal Defense Lawyer, John L. Calcagni III, to represent him in his case.
Case Result: Dismissed.
During the pretrial phase of the case, after numerous discovery requests, the Commonwealth failed to provide any electronic evidence related to the allegations. As such, Attorney Calcagni and his team successfully moved the Court to exclude all electronic evidence at trial. The only way that the Commonwealth could then prove its case was with the ex-girlfriend’s testimony. Attorney Calcagni and his team immediately moved for a trial. On the day of, the prosecution’s witness failed to appear in Court, prompting the Defense to file a motion to dismiss for lack of prosecution. The Court granted the motion, thereby dismissing this case and all charges against the man.