Published: 12/04/2007
MySpace relationship leads to rape charges By Stacie N. Galang Staff writer
LYNN - A relationship spawned on MySpace turned criminal, police said, when a 19-year-old man had sex with a 14-year-old Swampscott girl and posted explicit photos of her online.
Kyle Fuchs of 41 Richards St., Saugus, was arraigned in Lynn District Court yesterday afternoon on 11 counts of statutory rape, one count of lascivious posing of a child in the nude and one count of distributing materials of a nude child.
In the courtroom wings, Fuchs stood expressionless as prosecutor Meghan Taylor read the charges and recounted the events to Judge Joseph W. Jennings III.
Jennings ordered Fuchs held on $50,000 cash bail yesterday, restricted his access to computers and banned him from contacting the victim. Fuchs will next appear in court for a probable cause hearing Jan. 3.
Swampscott officers searched Fuchs' home last week, seizing his computer and other evidence. Fuchs turned himself in to police on Friday.
State police learned of the victim's nude photos from detectives in Utah and later alerted authorities in Swampscott, the prosecutor said. Taylor said she believed other jurisdictions, including Saugus, also would bring charges against Fuchs.
The defendant had been charged once before, at age 17, on five counts of child rape involving a 15-year-old, although three of those charges were dismissed and two were reduced to the less-severe indecent assault and battery of a minor, according to court documents.
Fuchs also was charged yesterday with violating his probation on those two offenses. Taylor had asked Jennings to impose a $150,000 cash bail on Fuchs.
She argued that Fuchs met the victim in person in April 2006 and, over the course of their yearlong relationship, had sex with the girl two to three times a week.
The defendant also took pictures of the victim during various sex acts, Taylor said. Fuchs told the victim that he wanted the photos for his own use, the girl told police investigators.
Fuchs had posted nude photos of the victim on MySpace, a popular social-networking Web site, which the girl had removed through the site administrator, the prosecutor said.
The defendant had also grown aggressive with her, once pushing the girl against a wall and later raising fears he was stalking her, Taylor said.
Fuchs' attorney, Patrick Morgan, asked that his client be released on his own recognizance. The defendant had made all his previous court appearances and dates for court-ordered counseling, Morgan argued. Three missed counseling sessions all had verifiable excuses, the attorney said.
He stressed that Fuchs turned himself in to police. Morgan also said Fuchs had been treated for depression and bipolar disorder.
The judge opted for middle ground, ordering $50,000 cash bail. Unless Fuchs makes bail, he will remain in Middleton Jail until his probable cause hearing on Jan. 3.
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