THE COMMONWEALTH OF MASSACHUSETTS MIDDLESEX DISTRICT ATTORNEY 15 COMMONWEALTH AVE WOBURN MA 01801 | Tel: 781-897-8325 Fax: 781-897-8326 |
For Immediate Release
June 16, 2011
Level Three Sex Offender Found Guilty, Sentenced In Connection With Indecent Assault And Battery On A Child
WOBURN – A level three sex offender has been sentenced after being found guilty of a subsequent offense of indecent assault and battery on a victim who was 8-years-old at the time of the assault, Middlesex District Attorney Gerry Leone informed the public today.
Brian Racine, 48, of Ashby, was convicted on June 10 by a Middlesex Superior Court jury on a charge of indecent assault and battery on a child under the age of 14. The defendant had a prior conviction for a child sexual assault and therefore was charged under Jessica’s Law with indecent assault and battery on a child, subsequent offense. Today, he was found guilty following a bench trial on the subsequent offense portion of the indictment. Middlesex Superior Court Judge S. Jane Haggerty sentenced the defendant to 15 to 25 years in state prison followed by community parole for life.
“This defendant has now been found to be a dangerous, repeat child predator who has demonstrated his inability to control his predatory behavior by the fact that he assaulted the 8-year-old victim in this case less than a month after he completed a federal probation sentence for possession of child pornography,” District Attorney Leone said. “I commend the Court for ensuring that this defendant will be off of our streets, unable to hurt another child, for more than a decade and will continue to be monitored for the remainder of his life. Children are our most vulnerable victims and we will continue to enforce our laws to the fullest against those who prey upon them.”
According to authorities, in early November 2008, the victim and his family moved in temporarily with the defendant and other family members. Shortly after the victim moved in, the defendant and the victim were watching television together. The defendant asked the victim to sit with him on the couch. When the victim sat on the couch, the defendant pulled the victim onto his lap and assaulted him.
The victim reported the abuse to a family member who alerted authorities.
The defendant was arrested on November 26, 2008 by Ashby Police. He was arraigned in Ayer District Court later that day where he was held pending a dangerousness hearing. On December 3, 2008, following a dangerousness hearing, Ayer District Court Judge Michael Brooks ordered the defendant held without bail. The defendant was indicted by a Middlesex County Grand Jury on December 23, 2008. He was arraigned in Middlesex Superior Court in Woburn on January 14, 2009 where Assistant Clerk Magistrate Matthew Day ordered the defendant held without bail.
Racine is a convicted level three sex offender, having been previously convicted of crimes in 1983 and 2003.
The prosecutor assigned to this case is Assistant District Attorney Deborah Bercovitch. The victim witness advocate is Theresa Corcoran. This case was investigated by the Ashby Police Department in conjunction with the Middlesex County District Attorney's Office and the Massachusetts Department of Children & Families.
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