The law was recently amended to remove reference to "the opposite sex" so that the charge is merely "accosting and annoying a person." This is because making the victim's gender an element of a crime is both highly problematic & blatantly unconstitutional.)
He hit on a white convenience store clerk, while black, in an extremely white Massachusetts county.
That's it. I swear that's all it was.
Nothing threatening or sexually inappropriate--just a bad pickup.
That stupid law got him 6 months
I was 28 when I took the case, and academically aware of this concept--but this was real. Too real.
The 2008 you may remember from 11 years ago
The MA Appeals Ct agreed with the jury that the "victim" had every right not only to be nervous when a black man walked into her store, but to *call the police on him.*
He served his full 6-month sentence.
My client was literally telling the clerk that he didn't mean to upset her.
But she took it as some kind of threat, even beyond the apparent threat that his very existence represented to her. So she called the police.
Listen to POC who tell you this is happening to them.
In Massachusetts. In 2019.
*also please, please don't call the police for anything short of actual mortal danger.