STATE FALSE POLICE REPORTS
BOSTON DR. CERTIFICATE
STATE MINOR LAWS
CHALK LAW
MINOR LAW
BUSINESS CERTIFICATE LAW
PHYSICIAN CERTIFICATE LAW
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State: False Police Report for Civilians
Mass. G.L. c. 269, sec. 13A . None of the police departments enforce it. For a civilian.
STATE: WIRETAP LAW:
Mass General Laws Chapter 272 section 99
B. Definitions. As used in this section-
1. The term "wire communication' means any communication made in whole or in part through the use of facilities for the transmission of communications by the aid of wire, cable, or other like connection between the point of origin and the point of reception.
2. The term "oral communication' means speech, except such speech as is transmitted over the public air waves by radio or other similar device.
3. The term "intercepting device' means any device or apparatus which is capable of transmitting, receiving, amplifying, or recording a wire or oral
This is some of the proposed changes to the wiretap law filed this year. Senate Bill 933. It even more specifically exempts intercepting police radio transmissions from the law. Section d 4B is the important one. It says:
(d) It shall be lawful under this Chapter for: (4) a person to intercept any radio communication which is transmitted: (B) by any governmental, law enforcement, civil defense, private land mobile, or public safety communications system, including police and fire, readily accessible to the general public
=============== (t) “Readily accessible to the general public” means, with respect to a radio communication, that such communication is not:
(1) scrambled or encrypted; (2) transmitted using modulation techniques whose essential parameters have been withheld from the public with the intention of preserving the privacy of such communication; (3) carried on a subcarrier or other signal subsidiary to a radio transmission; (4) transmitted over a communication system provided by a common carrier, unless the communication is a tone only paging system communication; or (5) transmitted on frequencies allocated under part 25, subpart D, E, or F of part 74, or part 94 of the Rules of the Federal Communications Commission, unless, in the case of a communication transmitted on a frequency allocated under part 74 that is not exclusively allocated to broadcast auxiliary services, the communication is a two-way voice communication by radio.
(d) It shall be lawful under this Chapter for:
(1) an operator of a switchboard, or an officer, employee, or agent of a provider of wire or electronic communication service, whose facilities are used in the transmission of a wire communication, to intercept, disclose, or use that communication in the normal course of that person's employment while engaged in any activity which is a necessary incident to the rendition of that person's service or to the protection of the rights or property of the provider of that service, or which is necessary to prevent the use of such facilities in violation of section fourteen A of chapter two hundred and sixty-nine of the general laws; except that a provider of wire communication service to the public shall not utilize service observing or random monitoring except for mechanical or service quality control checks;
(2) (A) providers of wire or electronic communication service, their officers, employees, and agents, landlords, custodians, or other persons, to provide information, facilities, or technical assistance to persons authorized by law to intercept wire, oral, or electronic communications or to conduct electronic surveillance, if such provider, its officers, employees, or agents, landlord, custodian, or other specified person, has been provided with:
(i) a court order directing such assistance signed by the authorizing judge; or (ii) a certification in writing by the attorney for the state that no warrant or court order is required by law, that all statutory requirements have been met, and that the specified assistance is required. The certification shall set forth the period of time during which the provision of information, facilities, or technical assistance is authorized and specifying the information, facilities, or assistance required;
(B) No provider of wire or electronic communication service, officer, employee, or agent thereof, or landlord, custodian, or other specified person shall disclose the existence of any interception or surveillance or the device used to accomplish the interception or surveillance with respect to which the person has been furnished a court order or certification under this Chapter, except as may otherwise be required by legal process and then only after prior notification to the attorney for the state as may be appropriate. Any such disclosure, shall render such person liable for the civil damages provided for in Section Q. (C) No cause of action shall lie in any court against any provider of wire or electronic communication service, its officers, employees, or agents, landlord, custodian, or other specified person for providing information, facilities, or assistance in accordance with the terms of a court order or certification under this Chapter.
(3) a person to intercept or access an electronic communication made through an electronic communication system that is configured so that such electronic communication is readily accessible to the general public; (4) a person to intercept any radio communication which is transmitted:
(A) by any station for the use of the general public, or that relates to ships, aircraft, vehicles, or persons in distress; (B) by any governmental, law enforcement, civil defense, private land mobile, or public safety communications system, including police and fire, readily accessible to the general public; (C) by a station operating on an authorized frequency within the bands allocated to the amateur, citizens band, or general mobile radio service; or (D) by any marine or aeronautical communications system;
CITY OF BOSTON: DR. CERTIFICATE:
Physician Registration --------------------------------------------------------------------------------
Per Massachusetts General Law (Chapter 112 sec.8) physicians practicing medicine in Boston must present their certificate of registration to the City Clerk of Boston.
Please download the certificate, provide all appropriate information, and mail it along with the one time filing fee of $100.00 (send check or money order made payable to the City of Boston) to: Office of the City Clerk Room 601 Boston City Hall One City Hall Plaza Boston, MA 02201 Attn: Physician Certificate A copy of this filing will be forwarded to the Commonwealth of Massachusetts.
STATE: MINOR LAWS:
http://www.cityofboston.gov/police/sau_laws.asp
GENERAL LAWS OF MASSACHUSETTS PART IV. CRIMES, PUNISHMENTS AND PROCEEDINGS IN CRIMINAL CASES.
-------------------------------------------------------------------------------- TITLE I. CRIMES AND PUNISHMENTS. --------------------------------------------------------------------------------
CHAPTER 265. CRIMES AGAINST THE PERSON.
Chapter 265: Section 22A. Rape of child; use of force; weapons; punishment.
Section 22A. Whoever has sexual intercourse or unnatural sexual intercourse with a child under sixteen, and compels said child to submit by force and against his will or compels said child to submit by threat of bodily injury, shall be punished by imprisonment in the state prison for life or for any term of years; and whoever over the age of eighteen commits a second or subsequent such offense shall be sentenced to the state prison for life or for any term of years, but not less than five years; provided, however, that a prosecution commenced under the provisions of this section shall not be placed on file or continued without a finding.
Whoever commits any offense described in this section while armed with a firearm, rifle, shotgun, machine gun or assault weapon shall be sentenced to the state prison for life or for any term of years, but not less than ten years. Whoever over the age of 18 commits a second or subsequent such offense shall be sentenced to the state prison for life or for any term of years, but not less than 20 years.
------------- GENERAL LAWS OF MASSACHUSETTS PART IV. CRIMES, PUNISHMENTS AND PROCEEDINGS IN CRIMINAL CASES.
-------------------------------------------------------------------------------- TITLE I. CRIMES AND PUNISHMENTS. --------------------------------------------------------------------------------
CHAPTER 265. CRIMES AGAINST THE PERSON.
Chapter 265: Section 23. Rape and abuse of child.
Section 23. Whoever unlawfully has sexual intercourse or unnatural sexual intercourse, and abuses a child under sixteen years of age shall, for the first offense, be punished by imprisonment in the state prison for life or for any term of years, or, except as otherwise provided, for any term in a jail or house of correction, and for the second or subsequent offense by imprisonment in the state prison for life or for any term of years, but not less than five years; provided, however, that a prosecution commenced under the provisions of this section shall not be placed on file or continued without a finding.
------------ PART I. ADMINISTRATION OF THE GOVERNMENT.
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TITLE VII. CITIES, TOWNS AND DISTRICTS.
-------------------------------------------------------------------------------- CHAPTER 41. OFFICERS AND EMPLOYEES OF CITIES, TOWNS AND DISTRICTS.
Chapter 41: Section 97C. Special telephone exchange for reporting of rape.
Section 97C. Each rape reporting and prosecution unit shall, in addition to the services provided in section ninety-seven B, establish a special telephone exchange for the reporting of rape which may be utilized at any hour of day or night and shall widely publicize this number and information concerning the activities of the unit throughout the city or town.
----------- PART IV. CRIMES, PUNISHMENTS AND PROCEEDINGS IN CRIMINAL CASES.
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TITLE I. CRIMES AND PUNISHMENTS. --------------------------------------------------------------------------------
CHAPTER 265. CRIMES AGAINST THE PERSON.
Chapter 265: Section 13B. Indecent assault and battery on child under fourteen; penalties; subsequent offenses; eligibility for parole, etc.
Section 13B. Whoever commits an indecent assault and battery on a child under the age of fourteen shall be punished by imprisonment in the state prison for not more than ten years, or by imprisonment in a jail or house of correction for not more than two and one-half years; and whoever commits a second or subsequent such offense shall be punished by imprisonment in the state prison for life or any term of years; provided, however, that a prosecution commenced under the provisions of this section shall not be placed on file or continued without a finding.
No person serving a sentence for a second or subsequent such offense shall be eligible for furlough, temporary release, or education, training or employment programs established outside a correctional facility until such person shall have served two-thirds of such minimum sentence or if such person has two or more sentences to be served otherwise than concurrently, two-thirds of the aggregate of the minimum terms of such several sentences.
In a prosecution under this section, a child under the age of fourteen years shall be deemed incapable of consenting to any conduct of the defendant for which said defendant is being prosecuted. --------------
PART IV. CRIMES, PUNISHMENTS AND PROCEEDINGS IN CRIMINAL CASES.
-------------------------------------------------------------------------------- TITLE I. CRIMES AND PUNISHMENTS.
-------------------------------------------------------------------------------- CHAPTER 265. CRIMES AGAINST THE PERSON.
Chapter 265: Section 24B. Assault of child; intent to commit rape; weapons; punishment.
Section 24B. Whoever assaults a child under sixteen with intent to commit a rape, as defined in section thirty-nine of chapter two hundred and seventy-seven, shall be punished by imprisonment in the state prison for life or for any term of years; and whoever over the age of eighteen commits a subsequent such offense shall be punished by imprisonment in the state prison for life or for any term of years but not less than five years.
Whoever commits any offense described in this section while being armed with a firearm, rifle, shotgun, machine gun or assault weapon shall be punished by imprisonment in the state prison for life or for any term of years, but not less than ten years. Whoever over the age of 18 commits a second or subsequent such offense shall be punished by imprisonment in the state prison for life or for any term of years, but not less than 15 years.
-------------------------------------------------------------------------------- -------------- Sexual Assault Laws --------------------------------------------------------------------------------
General Laws of Massachusetts - these laws will open in a new window:
Chapter 6: Section 178D. Sex offender registry.
Chapter 41: Section 97B. Rape reporting and prosecution units within police departments; training and funding; personnel; preservation of evidence by hospitals.
Chapter 41: Section 97C. Special telephone exchange for reporting of rape.
Chapter 41: Section 97D. Confidentiality of reports of rape and related offenses; violations; penalties.
Chapter 112: Section 12A . Reporting treatment of victim of rape or sexual assault; penalty.
Chapter 265: Section 13B. Indecent assault and battery on child under fourteen; penalties; subsequent offenses; eligibility for parole, etc.
Chapter 265: Section 13F. Indecent assault and battery on mentally retarded person; assault and battery.
Chapter 265: Section 13H. Indecent assault and battery on child of fourteen; penalties.
Chapter 265: Section 22. Rape, generally; weapons; punishment; eligibility for furlough, education, training or employment programs.
Chapter 265: Section 22A. Rape of child; use of force; weapons; punishment.
Chapter 265: Section 23. Rape and abuse of child.
Chapter 265: Section 24. Assault with intent to commit rape; weapons; punishment; eligibility for furloughs, education, training or employment programs.
Chapter 265: Section 24B. Assault of child; intent to commit rape; weapons; punishment.
Chapter 265: Section 24C. Victim's name; confidentiality.
Chapter 268: Section 21. Sexual Relations with Inmate
Chapter 272: Section 3. Drugging persons for sexual intercourse.
Chapter 272: Section 8. Soliciting for prostitute.
Chapter 272: Section 16. Open and gross lewdness and lascivious behavior.
Chapter 272: Section 17. Incestuous marriage or intercourse.
Chapter 272: Section 28. Matter harmful to minors, dissemination; possession; defenses.
Chapter 272: Section 29A. Posing or exhibiting child in state of nudity or sexual conduct; punishment.
Chapter 272: Section 29B. Dissemination of visual material of child in state of nudity or sexual conduct; punishment.
Chapter 272: Section 29C. Knowing purchase or possession of visual material of child depicted in sexual conduct; punishment.
Chapter 272: Section 34. Crime against nature.
Chapter 272: Section 35. Unnatural and lascivious acts.
Chapter 272: Section 35A. Unnatural and lascivious acts with child under 16.
Chapter 277: Section 63. Limitations of criminal prosecutions; general provisions.
Chapter 385 of the Acts of 2002: An Act Further Protecting Children.
Title 18, United States Code Section 2251. Sexual exploitation of children
CITY OF BOSTON MINOR LAWS:
http://www.cityofboston.gov/police/sau_faq.asp#warning
From BPD page: sexual assault
Does The Department of Social Services (DSS), play any role in your investigations? Yes - they are part of our SAIN team. We coordinate our investigations with them whenever possible. The Sexual Assault Unit has a sub unit, the Child Sexual Assault Investigation Unit (CAU), which investigate all 51A referrals from the DSS and DA's office. Department of Social Services Web Site: http://www.state.ma.us/dss/
What is SAIN? SAIN is the Sexual Assault Intervention Network This is a team effort aimed at reducing the trauma of a sexual assault to children. Members include: police, District Attorney, DSS, victim witness advocates, mental health, medical professional, and other interested parties in the investigation. It is coordinated by the CAC , Children's Advocacy Center in the Suffolk County DA's Office.
What is a Sexual Assault? Rape is a sexual assault, which includes: o lack of consent o the threat or use of force AND, o penetration(this includes oral, vaginal, and/or anal penetration by either a body part or an object) o Rape also includes situations where the person is unable to give consent due to: o Unconsciousness, alcohol/drug intoxication, mental impairment, or being under the age of 16. Indecent Assault and Battery is a sexual assault, which includes: o Offensive touching of the breast, inner thighs, groin, vaginal area, and buttocks without consent. o A person under the age of 14 is unable to consent to this type of sexual activity. Anyone can be impacted by a sexual assault regardless of age, gender presentation, sexual orientation, appearance, education, occupation, socioeconomic background, marital status or race. Anyone who commits a sexual assault is subject is subject to criminal prosecution regardless of gender, relationship to the victim, gender presentation, sexual orientation, appearance, education, occupation, socioeconomic status, race(and in most cases) age. Sexual banter or talk is not a sexual assault, but combined with other factors, such as confinement or touching could be an attempt to commit a sexual assault.
Reporting a Sexual Assault: It is YOUR decision to make. You may speak with or decline an interview with any agency, police, hospital personnel, District Attorney, or advocates after being informed of the purpose of the interview.
What should I do if I or my child is sexually assaulted? If an emergency situation exists, you should immediately cal 911 in Boston. A police cruiser will respond and a supervisor will determine if legally, a sexual assault has occurred. The supervisor will notify the Sexual Assault Unit of the incident. A Detective from the Sexual Assault Unit will respond to conduct the follow-up investigation, including interviews, collection of evidence and processing the crime scene. Do not: o Disturb the crime scene o Shower or bathe or wash o Change your clothes o Eat, drink or smoke o Brush teeth o Urinate (don't wipe) Do: o SAFETY-seek safety immediately o Go to a hospital for medical attention o Find out about Support and Counseling o Have the hospital perform the sexual assault kit procedures (optional). o Tell the investigating officers and the Sexual Assault Unit Detective what has happened in your own words. The Detective can not guess at what has happened for legal reasons (optional). o Tell the investigator about any evidence that may be involved (e.g. cigarettes) o Give the investigator any and all info about the suspect (optional). Back to Top What is the Sexual Assault Unit? The Sexual Assault Unit is a citywide unit which investigates all crimes of sexual assault in Boston. These are rapes and indecent assault and battery. There are 21 Detectives specially trained in the investigation of sexual assaults assigned to the unit. There are also 4 civilian liaisons who are specially trained also to deal with the victims in these cases. There are 3 officers in the SORI, Sex Offender Registry Unit who are also located at the Sexual Assault Unit offices. What crimes does the sexual assault unit investigate? We investigate crimes which are sexual assaults as defined in the Massachusetts Criminal Laws. These are rape and indecent assault and battery or attempts to commit these crimes. Why aren't these crimes handled in the district police stations? Due to the nature of these crimes, the Boston Police Department policy dictates that there be a special unit to deal with sexual assaults and which coordinates all the District and Sexual Assault Unit activities in this area. The Boston Police Department established a protocol response to these crimes in Boston Police Department Special Order 85-38, 3-21-85, and SO 84-34, 6-28-84 and Training bulletin 93-18, 4-9-93 There are Massachusetts General laws pertaining to the deployment of sexual assault units. Back to Top What training do members of the Boston Police Department Sexual Assault Unit have? The Massachusetts Criminal Justice Training Council certifies all of the Detectives as Sexual Assault Investigators. In addition, they attend various law enforcement conferences and training seminars concerning this subject on a regular basis. Who investigates crimes of which are of a "sexual nature" but not sexual assaults? Sexual Harassment The Sexual Assault Unit does not investigate sexual harassment cases. The Massachusetts Commission Against Discrimination would be an appropriate agency for this, go to http://www.state.ma.us/mcad/ In addition, the School Department and other governmental and private corporations have grievance policies for sexual harassment. Crimes such as: Open and Gross Lewdness (Ch 272, S 16), Indecent Exposure (Ch 272, S 53) and Unnatural and Lascivious Acts (Ch 272, 35A) Prostitution (Ch 272 , S 8) are investigated by the District Stations and information is forwarded to the Sexual Assault Unit for intelligence purposes. Back to Top Who investigates child pornography cases? The Boston Police Department Sexual Assault Unit also investigates child pornography, actual or Internet related. The Boston Police are partners with the State Police and other law enforcement agencies, federal/state/local, in Massachusetts, in the MASS ICAC, Internet Crimes Against Children Task Force. We investigate crimes against children, which are Internet related o State Police Home Page: http://www.state.ma.us/msp/ Other computer related or Internet related crimes, not concerning child pornography or sexual assault, are handled by the District Detectives or the Computer Crimes Unit at 617 343 5487 Back to Top What is the SORI Unit? SORI: Sex Offender Registry Unit 617 343 4966 Investigates and coordinates the registration of convicted sex offenders in Massachusetts. Requests for Criminal Histories - Board of Probation checks Any requests for criminal history information (BOP checks) on persons should be directed to: CHSB, Criminal History Systems Board 200 Arlington St. Chelsea MA 02150 617 660 4600 Back to Top Do you provide counseling or referrals? We can provide referrals but not counseling. Please see the links and numbers here on our web site. Through the Boston Police Youth Service Provider Network (617-445-5333), Robin Linden can make referrals for counseling information. The Suffolk County District Attorney's office also handles victims whose cases have been referred to them for prosecution and can make referrals for counseling. What rights do victims have? Privacy and confidentiality with respect to any communications with rape counselors, social workers, therapists, attorneys and religious counselors. To request a Rape Counselor/Advocate to accompany you to a medical appointment and/or legal proceedings To assistance with safety planning from victim witness advocates, law enforcement, and/or rape crisis counselors To information about criminal and civil legal options from victim witness advocates, law enforcement, and/or rape crisis legal advocates. To know the status of your case. To receive a copy of the initial police incident report. To file a claim with the Attorney General's Office for victim's compensation. Back to Top Is there compensation for victims of violent crime? Yes - the Massachusetts Attorney General's Office handles this. Please call the Massachusetts Office of Victim Assistance, MOVA, at 617 727 5200 Web site: http://www.ago.state.ma.us/videfault.asp Can I get a copy of a police report? You, as the victim of a sexual assault, can get a copy of the initial police report concerning you or your child. You must sign a waiver and release here at the Sexual Assault Unit. . Sexual Assault reports can be obtained at the Sexual Assault Unit, 617 343 4400, 91 East Concord St., Boston, MA. 02118, at the Boston Medical Center (old Boston City Hospital). We will not provide a copy of such to the public. For information on how to obtain regular Boston Police reports call 617 343 4322 during normal business hours or go to Boston Police Headquarters, 1 Schroeder Plaza, Insurance Report Unit, Boston MA 02120, 617 343 4322. You can also obtain a free copy of a police incident report regarding a restraining order at the above number and address as well. Back to Top Are sexual assault reports confidential? All reports of sexual assault are confidential. In addition, the Boston Police Department's Incident Tracking system for police reports is designed to restrict access to these reports on an as needed basis. If the case proceeds to trial, these reports may be turned over to the court and to the defense attorney. Is it illegal to make known to the public the name or reports of a victim of sexual assault in MA. The Boston Police Department has a policy on this: Special Orders 85-73, 9-9-85 and Training Bulletin 88-28. Please see our Laws page for information as well. Back to Top What District Attorney's office handles the cases in Boston? Suffolk County District Attorney
The Suffolk County District Attorney's Office is responsible for all prosecutions within Boston. Their main office is at 1 Bullfinch Place, Boston, MA 02114, 617-619-4000.
There are also DA offices at each District Court. Please see our Links\Numbers page for contact information. What if I don't want to report a sexual assault to the police, are there options? You can go to a hospital anywhere in MA and have medical exams for sexual assault done and still not report this to the police if you so chose. The hospital will perform the necessary tests and exams and give you a number from the sexual assault exam kit. All evidence from these exams is kept for proscribed time limits, usually 6 months with exceptions in certain cases. For adults over 16 years old, if a rape kit is done at the hospital, The Boston Police Crime Lab (617-343-4690) will keep these kits for 6 months. For children under 16 and any unreported assaults, kits are processed. If the results are negative, they are kept for 6 months. If there are positive results, the Crime Lab notifies the District Attorney's Office in an attempt to gain more info on the child victim of the sexual assault. Rape kits which are the result of someone actually reporting the rape to police, are processed on a routine basis as part of the investigation. The kits and lab case numbers are referenced to each other. If you choose to report this later, then this evidence can still be accessed by referring to the kit number. However, we encourage you to report sexual assaults to the police immediately for investigative reasons, including recovery of evidence.
The hospitals are not required to contact the Sexual Assault Unit. However, they may be required to file a 51A, for a child in need of protection depending on the circumstances.
You as a parent are entitled to information if your child is under 18 and in your care and custody.
You have a right to have medical care and evidence collected without being required to report the crime to the police. Back to Top What will happen at the hospital? The SANE or other nurse will ask you what happened and complete a series of proscribed medical and evidentiary tests during a medical exam. The detective investigating the case will also be present to interview you either before or after the medical exam. In order to proceed with an investigation the detective needs information regarding the assault. There is Massachusetts Law pertaining to this also. What if I believe that my child was sexually assaulted? You should take him or her to a hospital. Call the Boston Police Department. Depending on the circumstances, an interview may be conducted immediately or, as is the normal procedure, a later interview will be conducted at the DA's office with a specially trained child interviewer. These interviews are coordinated by the CAC, Children's Advocacy Center. Back to Top Do you have any information on the warning signs for a child who may be being abused sexually? aversion to a relative, neighbor, or baby-sitter; change in eating patterns; sudden lack of interest or achievement in school; sudden desire for privacy or marked separation from family activities; trouble sleeping, waking up with nightmares, or bedwetting; signs of increased anxiety or immature behavior; irritation of the genital areas; age inappropriate knowledge or interest in sexual matters; and/or running away or self destructive behavior. (Note that these signs are not necessarily evidence of child sexual abuse, and must be considered in conjunction with other factors.) What happens if my child is assaulted at a Boston Public School? The Boston Public Schools have specific policies on sexual assault and sexual harassment. The Boston Police Department Sexual Assault Unit will respond and investigate any reports of sexual assault in the schools. We respond to the schools when notified as is necessary. We will also confer with parents or legal guardians concerning these cases. Each case may require different response or approaches. The Boston Public Schools and the Boston Police Department Sexual Assault Unit established a Sexual Assault policy on 11-11-99, which details our response. The Boston Public Schools have their own Boston Public School police force and have Boston PD officers assigned to the schools in a liaison function. The Boston Public School Police are located at Boston Latin Academy - 213 Townsend St (Deckard St side) Roxbury MA. 02121, 617 635 8000 Boston Schools web site: http://www.boston.k12.ma.us/ Back to Top What if my child or I get assaulted on a college campus or in a state or federally owned facility? Police jurisdiction varies in Boston. Although the Boston Police will investigate most crimes, the detective and supervisors assigned to the case will determine the exact police agency, which is responsible and has legal jurisdiction. Many colleges in Boston investigate and have the full police authority and training to investigate sexual assault crimes on their campus. Please contact the relevant campus Police Department. Do you have any info on child Internet safety? Yes - the Boston Police Department is a member of the MASS Internet Crimes Against Children (ICAC) Task Force. We also have pamphlets available concerning this issue. Please take a look at our Internet Safety page for further information and safety tips. Back to Top Is there a specific unit for child and adult sex cases or disabled or impaired cases? The Sexual Assault Unit investigates all of these cases. On cases in which The Department of Social Services files a Child Protection and Abuse report(51A) with the District Attorney's office, the Boston Police Sexual Assault Unit asigns specific detectives from our Child Sexual Assault Unit (CAU). The District Attorney's Office also has specially trained DA's and employees who handle all the child sexual assault cases. Cases involving disabled persons are investigated by the BPD SAU. We receive referrals from the Commonwealth of Massachusetts Disabled Persons Protection Commission (DPPC) at 50 Ross Way, Quincy, MA (1 800 426 9009). The information from the investigations is forwarded to the Chief District Attorney of the Elders and Persons with Disabilities Unit of the Suffolk County DA's office (617 619 4270). What happens after an arrest? The investigation follow-up is assigned to the Sexual Assault Unit. The defendant is taken before the court of jurisdiction and the issues of bail are determined. Defendants may be released on bail depending on circumstances. The case is usually continued for several months while the prosecution prepares its case. You will be assigned a Victim Witness Advocate who will keep you up to date on the status of the case and provide you with referral information. Back to Top Can I get restraining orders? Yes, you can apply at your local district court. You should ask the detective assigned to your case about this issue, since it depends on the circumstances and your relation to the suspect or defendant. The DA's victim witness advocates can also advise you on the process of civil superior court restraining orders in special circumstances. The Boston Police Department has Domestic Violence Detectives in each district and a citywide Domestic Violence Unit, 617 343 4350, to deal with issues of domestic violence. The Massachusetts SAFE LINK Hotline telephone number is 1 877 785 2020 For more information please take a look at the Laws page. What are the laws and statute of limitations for sexual assault crimes? Rape cases are prosecutable up to 15 years. Indecent Assault and Battery for 10 years. When circumstances involve a child, then the statute extends to 15 years after the child first reported it to police or after 16 years of age has been reached. Most other crimes in Massachusetts have a 6 year limitation. Please take a look at our Laws page for more information. Back to Top What are the crime rates for sexual assaults in Boston? Please take a look at our Statistics information. Do you work with other agencies? Yes - we work with any agency which may further the goals of preventing sexual assault including other state and municipal police and non law enforcement agencies, some of which are: DSS, State PD, DA, MBTA, Schools, and college campus police. Does The Department of Social Services (DSS), play any role in your investigations? Yes - they are part of our SAIN team. We coordinate our investigations with them whenever possible. The Sexual Assault Unit has a sub unit, the Child Sexual Assault Investigation Unit (CAU), which investigate all 51A referrals from the DSS and DA's office. Department of Social Services Web Site: http://www.state.ma.us/dss/ Back to Top What is SANE? SANE is a program in Massachusetts, it stands for Sexual Assault Nurse Examiner. The Department of Public Health trains, certifies, and supports a cadre of specially trained registered nurses and physicians to provide quality time-sensitive care and forensic evidence collection to sexual assault victims entering emergency departments. SANE health providers are a vital role in linking and coordinating valuable health, legal and advocacy systems for victims seeking services. For more information contact Lucia Zuniga at 617 624 6085 or Lucia.Zuniga@state.ma.us. Because these nurses are not at every hospital, this program has nurses on call who are specially trained in sexual assault and the collection of evidence for these cases. As of now, the SANE program is in place at Beth Israel Deaconess Hospital, Brigham and Women's Hospital, Boston Medical Center, Massachusetts General , Newton Wellesley and Cambridge Hospitals. SANE website: http://www.state.ma.us/dph/sapss/sapss.htm What is SAIN? SAIN is the Sexual Assault Intervention Network This is a team effort aimed at reducing the trauma of a sexual assault to children. Members include: police, District Attorney, DSS, victim witness advocates, mental health, medical professional, and other interested parties in the investigation. It is coordinated by the CAC , Children's Advocacy Center in the Suffolk County DA's Office. Back to Top What is BASIN? BASIN is the Boston Area Sexual Investigators Network. It is a group of police officers and professionals who meet on a regular basis to discuss and network information regarding cases of sexual assault in the general Boston area. This includes municipal, state and campus police departments and other agencies involved in sexual assault investigations. If you are interested in joining this network, please contact the Boston Police Department Sexual Assault Unit at 617 343 4000 or email at SexualAssaultUnit.bpd@ci.boston.ma.us What is the Children's Advocacy Center (CAC)? Please take a look at this link regarding the CAC for more information. Do you know anything about date rape? Click here for an article on date rape. Back to Top Do you have any information on rape drugs? Joyce MacIntrye, the Regional SANE Coordinator Nurse for the Boston area has provided the Sexual Assault Unit with invaluable information on rape drugs: o There are many rape drugs which can incapacitate people: ALCOHOL - the #1 Rape Drug Rohypnol (flunitrazepam) GHB (Gamma Hydroxy Butrate) GBL (Gamma Butryl Lactone) Ketamine Ecstacy (methyledioxymethampetamine) Burundanga o The impact on the victim is loss of control, self blame and mistrust. o Some signs of being drugged are: Dizziness, nausea, vomiting Impaired motor skills Amnesia or confused state Flashbacks of an assault Wake up feeling fuzzy or hung over A lot more intoxicated than you expected Wake up in a strange house or apartment Wake up disheveled or with no clothes on o What to do Safety Medical attention Get an evidentiary exam (optional) Support / counseling Report it to the Police (optional) Toxicology Test Within 72 hours of ingestion get a toxicology test of urine and serum at the hospital. This will test for all legal and illegal drugs. A result should be expected in about 6 weeks. The State Police Crime Laboratory is responsible for toxicology processing of rape drug evidence in Massachusetts. The Boston Police Department Sexual Assault Unit will collect the evidence and transport it to them in Sudbury, MA. Back to Top Do you have a crime lab in the Boston Police Department? Yes. The Boston Police have a state of the art crime lab in our new headquarters at 1 Schroeder Plaza, Boston, MA (617 343 4690). They perform analysis and comparison tests, including DNA, on sexual assault and other police cases. For more information visit the Boston Police Department Home Page. We also use the State Police Crime Lab for toxicology tests. They are located at 59 Horse Pond Road Sudbury, MA. 01776, (508 358 3110). Both the Boston police and the State Police collaborate in the CODIS DNA system. CODIS is a database of DNA profiles for use in law enforcement investigations. Do you have any tips for preventing assault? Please take a look at our Safety page for more information. Back to Top Can I provide information to you anonymously, as a victim or witness? Yes - You can call our Tip Line at 617 267 2234 However, because we need a witness to testify in person if a case proceeds to trial, those anonymous reports may not be able to be used in the prosecution. Do you do community or school presentations? Yes - please contact Sergeant Detective Kim Gaddy at our office, 617-343-4000, for further information. In association with the MASS ICAC Task Force, we are in the process of developing a presentation program that deals with internet related crimes against children Also, please take a look at our Safety page for more information. Do you send out any broadcast emails on sex crimes? We are investigating protocols to determine if this may be an appropriate way to disseminate information. --------------- CHALK LAW Usually it is not illegal when used on a sidewalk surface. Because it is washable, it cannot be said to harm property. I usually advise people to check to see if there are local ordinances or call the city attorney. You might even call and pretend that you are complaining about a group of kids who "vandalize" the sidewalk outside your home with big, chalk drawings. Ask if their are any city ordinances that you could employ to stop the practice. Get the person's name. See how he responds to that. Have another person or two on phone extensions and have them make up affidavits (sworn and notarized) about the call and keep them on file. That way, if they manages to find an ordinance to use against you (very unlikely) than you have a "good faith" defense. The Porcupine ------------------- MINOR LAW Dear : Thank you for the kind words. Mass. Gen. Laws, Chapter 265, Section 23, defines statutory rape as being sex with a child under 16, regardless of consent. A child under that age is presumed not to be able to give consent. It is also a crime to have sex with a child over 16, but only if it is done by force, not consent. (That is the general rape statute.) These ages are specific only to the rape statutes. Many other things, like drinking, smoking, emancipation from parents, voting, etc. have other minimum ages. Gregory A. Hession -------------- BUSINESS CERTIFICATE LAW (applies to all towns): I'm corresponding under the Mass. Public Records to acquire the document copies of the business certificate licenses of physician (((DR'S NAME))) and all complaints against and violations regarding the business license for Brent Dubeshter.This business certificate law is according to M.G.L. Chapter 110, section 5. I understand that failure to do so is punishable by a fine of not more than $300 for each month such business is not registered from the (((City))). I'm corresponding under the Mass. Public Records to acquire the document copies of the business certificate licenses of the business at (((ADDRESS))) and all complaints against and violations regarding the business license for the same owner(s).This business certificate law is according to M.G.L. Chapter 110, section 5. I understand that failure to do so is punishable by a fine of not more than $300 for each month such business is not registered from the City of Brookline. PHYSICIAN CERTIFICATE LAW (applies to ALL towns): GENERAL LAWS OF MASSACHUSETTS PART I. ADMINISTRATION OF THE GOVERNMENT. -------------------------------------------------------------------------------- TITLE XVI. PUBLIC HEALTH. -------------------------------------------------------------------------------- CHAPTER 112. REGISTRATION OF CERTAIN PROFESSIONS AND OCCUPATIONS. Chapter 112: Section 8. Recording of certificate of registration. Section 8. No person shall enter upon, or continue in, the practice of medicine within the commonwealth until he has presented to the clerk of the city or town where he has, or intends to have, an office or his usual place of business, his certificate of registration as a physician in the commonwealth, or, if it is lost, a certified statement issued by the board, setting forth all the material facts in the original certificate, and paying the fee provided by clause (58) of section thirty-four of chapter two hundred and sixty-two. Thereupon the clerk shall record the name of the owner of said certificate or certified statement, together with the date of record upon blanks, said blanks to be so arranged that a duplicate carbon copy shall be made at the time of the original record. He shall keep the original as a part of his official records and it shall be open to public inspection. Whoever practices or attempts to practice medicine without complying with this section, or whoever submits to a city or town clerk a false or fraudulent certificate or certified statement, shall be punished by a fine of not less than five nor more than one hundred dollars; and any city or town clerk who refuses or neglects to comply with this section shall be punished by a fine of not less than five nor more than ten dollars. Per Massachusetts General Law (Chapter 112 sec.8) physicians practicing medicine in (Boston) must present their certificate of registration to the City Clerk of (Boston).