Motion to Dismiss Open and Gross Lewdness Case Against Physician Allowed

Our client is a physician with a large practice in a Boston suburb. A few months ago, on a weekend day, he was in his office engaging in sexual acts with a woman. The business is closed on weekends. When he got to the building only his car and the woman’s were in the parking lot. The sexual acts were conducted in the office with the shades partially open. Two women parked in the lot and walked towards the door of the building. They observed the two having sex and called the police. For some unknown reason, our client alone was charged with open and gross lewdness under G.L. c. 272 section 16. This is a felony in Massachusetts. We filed a motion to dismiss the charges arguing that the law requires the act to be intentionally directed to someone. Here, the defendant and the woman had no idea that they were being watched nor were they acting recklessly so as to disregard a substantial risk of public exposure. The judge agreed with our argument and dismissed the case.

Read More in Sex Crimes