By Matt Murphy
Lowell Sun
BOSTON — Gov. Deval Patrick signed into law new criminal penalties for child rapists yesterday, establishing a set of mandatory minimum sentences in Massachusetts that child advocates hope will discourage sexual predators.
The law, modeled after Jessica’s Law in Florida, did not go as far as some advocates wanted, but was still hailed yesterday as a victory for child protection.
Attorney General Martha Coakley crafted the bill with input from the state’s 11 district attorneys, creating a set of charges that carry mandatory sentences of 10 to 15 years for a first offense and 20 years for repeat offenders.
“This new law provides prosecutors with crucial tools to hold accountable predators who take advantage of innocent and vulnerable children and ensures that the most serious offenders face significant prison sentences. Enactment of this law is yet another positive step toward keeping children safe,” Coakley said.
Patrick signed the bill yesterday morning putting an end to worries that he might send it back to the Legislature for changes where lawmakers are already up against the clock to push through a number of bills and budget items before the end of the session next week.
“It’s very good news. I didn’t think he was going to do it,” said Laurie Myers, of Chelmsford, founder of the child advocacy group Community VOICES.
Myers was an outspoken critic of the bill, suggesting it did not go far enough to discourage child predators because it gave prosecutors too much leeway to plea bargain with criminals.
She and others preferred to see a law closer to Jessica’s Law in Florida that established a 25-year mandatory sentence for rape of a child under any circumstance. As many as 40 other states have adopted Jessica’s law in various forms.
Yesterday, however, Myers called the law a step in the right direction, and a first step toward better protecting children in Massachusetts.
“You try for what you want and end up getting a little less, but it’s more than what we have now so it is a success,” Myers said. “I think a lot came out of this bill. There was a lot of discussion, and an acknowledgment from everybody that there is a problem in Massachusetts.”
The Massachusetts law establishes mandatory minimum sentences of 15 years for those convicted of aggravated rape by force of a child under 16, 10 years for aggravated statutory rape of child under 16, and 10 years for aggravated indecent assault and battery on a child under 14.
Repeat offenders could face a minimum of 20 years for certain offenses.
The bill does not set minimum sentences for child rape without aggravating circumstances such as kidnapping, but does expand the definition of aggravated or forced rape to include the use of weapons, alcohol or drugs or by a person in a position of authority such as a family member, coach or teacher.
Advocates like Myers were also happy to see language in the bill granting administrative authority to subpoena Internet records similar to telephone records.
Copyright 2008 MediaNews Group, Inc.