Solicitation Defense in Boston
Direct Attorney Access for Boston Solicitation Defense Since 1991
Massachusetts generally prosecutes customer-side solicitation allegations under the law against paying for sexual conduct for a fee. At Gens & Stanton, P.C., we provide criminal defense representation and handle prostitution allegations as sex-crime matters. Each client has direct access to the attorney responsible for the case.
We explain the charge and court process in plain English, then develop a strategy around the specific evidence and circumstances. This individualized approach matters when an allegation raises immediate concerns about your reputation, employment, and future. You won’t be passed among staff members who don’t know your case.
Call (617) 206-4675 to speak with our attorneys about a solicitation or sexual conduct for a fee allegation in Boston.
Massachusetts Laws on Solicitation & Sexual Conduct for a Fee
The language people use when searching for a Boston solicitation lawyer doesn’t always match the charge written in Massachusetts law. G.L. c. 272, §53A(b) applies when a person pays, agrees to pay, or offers to pay another person to engage or agree to engage in sexual conduct. The Commonwealth can therefore bring a charge based on an alleged agreement or offer even if no sexual conduct occurred.
To obtain a conviction under §53A, the Commonwealth must prove beyond a reasonable doubt that the case involved sexual conduct, or an agreement or offer involving sexual conduct, and that it was or would be exchanged for a fee. Beyond a reasonable doubt is the prosecution’s highest burden of proof in court. The applicable pattern jury instruction defines sexual conduct to include:
- Sexual intercourse or anal intercourse
- Fellatio or cunnilingus
- Masturbation of another person
- Specified intrusion into genital or anal openings
Separate Massachusetts Offenses
G.L. c. 272, §53A(a) addresses the other side of the alleged exchange: engaging, agreeing to engage, or offering to engage in sexual conduct for a fee. Although both provisions appear in the same statute, subsections (a) and (b) define different conduct and carry different penalties.
Soliciting for a prostitute under G.L. c. 272, §8 is another distinct offense. It concerns intermediary conduct involved in arranging a transaction rather than the customer-side conduct covered by subsection (b). Identifying the actual statute and subsection is essential before evaluating the accusation or its potential consequences.
Penalties for Sexual Conduct for a Fee in Boston
A conviction under G.L. c. 272, §53A(b) carries up to two and one-half years in a house of correction, a fine of $1,000 to $5,000, or both. By comparison, a conviction under §53A(a) carries up to one year in a house of correction, a fine of up to $500, or both.
Section 53A(c) applies to paying, agreeing to pay, or offering to pay for sexual conduct involving a person under 18. That subsection carries substantially different penalties, including possible state prison time. The precise subsection alleged therefore changes both the elements at issue and the potential sentencing range.
Boston Municipal Court and District Court have concurrent original jurisdiction, meaning both court departments can initially hear Massachusetts misdemeanor cases. They can impose house of correction sentences but can’t impose state prison sentences. The court path depends on the allegation, charging decision, and procedural posture.
Evaluating the Evidence Behind a §53A Charge
Our defense begins with the prosecution’s burden. We review police reports and available evidence to determine whether it supports every required element beyond a reasonable doubt. The alleged sexual conduct, the claimed agreement or offer, and the fee exchange are central issues under §53A.
We also examine the credibility of the evidence. That analysis may include what was said or communicated, how investigators documented the encounter, and whether the evidence supports the prosecution’s interpretation. We build the defense around the individual facts and circumstances rather than assume every solicitation allegation presents the same issues.
Our attorneys prepare extensively for court appearances and identify evidentiary or legal issues that support the defense. When circumstances warrant it, we may negotiate for a lesser charge. We explain our assessment honestly so you can make informed decisions.
What Happens After a Solicitation Allegation
Don’t make statements to law enforcement about the allegation without an attorney present. Even an explanation intended to clear up a misunderstanding can become part of the evidence. Speaking with counsel first allows you to understand the accusation and procedural stage before deciding how to respond.
A person who wasn’t arrested and is the subject of a misdemeanor complaint application is generally entitled to notice and a private clerk-magistrate hearing before a criminal complaint issues. At this pre-complaint proceeding, a clerk-magistrate considers whether a complaint should issue. Not every case follows this route, so prompt review of the notice or paperwork is important.
Arraignment, Motions & Appeals
If a complaint issues, arraignment is the proceeding where the charge is formally presented and the accused enters a plea. Later stages can include evidence review and motion hearings, where the parties ask the court to decide specific legal or evidentiary issues. We handle criminal cases from arraignment and motion practice through trial-level proceedings.
Our representation also includes criminal appeals, which ask a higher court to review claimed legal errors in a lower-court proceeding. The available stages depend on how the allegation began, the evidence, the court’s rulings, and the ultimate disposition. Throughout the process, we explain your options and how each one relates to the defense.
Discuss Your Case in a Free Consultation
We offer free consultations for these matters, giving you an opportunity to discuss the allegation and possible next steps. You’ll speak directly with our boutique firm about the specific charge rather than receive a generic overview. Prospective clients can reach us by phone or through our contact form.
We explain our fees clearly from the start of representation so you understand the cost arrangement before moving forward. You can expect direct answers, careful preparation, and a defense grounded in the evidence and applicable Massachusetts law.
Call (617) 206-4675 to request your free consultation with our Boston solicitation defense attorneys.