A Framingham judge set bail at $100,000 for Fabian Andres Riascos, 24, after his arraignment on two counts of indecent assault and battery on a person older than 16. If he posts bail, Riascos must remain at home under GPS monitoring and have no direct or indirect contact with the alleged victims or witnesses, according to The MetroWest Daily News.
Riascos was arrested after a reported 1:20 a.m. incident Wednesday, Sept. 16, on Beaver Park Road. At the hearing, prosecutor Pavan Nagavelli described allegations involving two 17-year-old girls who entered an apartment where Riascos was staying. The prosecutor alleged unwanted touching involving one girl and sexual assault and rape involving the other, the newspaper reported. Those allegations have not been adjudicated, and the current charges described in the report are two counts of indecent assault and battery.
Nagavelli also alleged that Riascos photographed one of the girls while she was naked and showed the images to others in the apartment. Police seized Riascos' phone, according to the report. Prosecutors said the case could lead to rape charges and additional image-related charges, but no such charges are identified as filed in the current account. Nagavelli requested $250,000 bail; defense attorney Cheri Hubbell argued that the allegations did not show Riascos would fail to return to court. Judge David Cunis set bail at the lower amount while citing the prospect of more serious charges and a future indictment, the newspaper reported.
Why the alleged photographs could raise separate legal questions
Massachusetts treats alleged image-related conduct as a distinct legal issue from indecent assault and battery. Chapter 272, Section 105 generally prohibits willfully photographing, videotaping or electronically surveilling a nude or partially nude person without that person's knowledge and consent when the person has a reasonable expectation of privacy. Separately, Chapter 272, Section 29B addresses disseminating, or possessing with intent to disseminate, visual material depicting a child under 18 in a state of nudity when the statute's lascivious-intent requirements are met. Neither provision establishes that Riascos has been charged under it in this case.
Massachusetts also enacted a broader prohibition on the nonconsensual sharing of sexually explicit images and videos in 2024, according to WBUR. That law is background for understanding possible image-sharing allegations, not evidence that any additional offense has been filed against Riascos.
What happens next
Riascos is due back in court Oct. 14 for a pretrial conference. The available account does not establish whether prosecutors will seek additional charges, whether a grand jury will return an indictment, or how the court will resolve the existing allegations. A bail order and prosecutor's description of allegations are not findings of guilt.
People affected by sexual violence can contact Voices Against Violence at 800-593-1125 or the Victim Rights Law Center at 617-399-6720, resources listed by the Middlesex District Attorney's Office. The Boston Area Rape Crisis Center says it offers free, confidential services to survivors ages 12 and older through a 24-hour hotline at 800-841-8371. For nude or sexually explicit images made before a person turned 18, the National Center for Missing & Exploited Children's Take It Down service says it can help remove or stop online sharing.
