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Man gets up to 30 years for MGH bathroom assault

April 30, 2010 03:26 PM

A man convicted of assaulting and trying to rape a woman in a Massachusetts General Hospital bathroom last year is a repeat offender and will spend up to 30 years in state prison, Suffolk District Attorney Daniel F. Conley said today.

David Flavell, 40, was convicted Thursday in the Oct. 22 attack on a 27-year-old woman. At a second trial today, prosecutors proved that Flavell had been previously convicted in 1998 of assault with intent to rape. That incident occurred in Methuen.

Superior Court Judge Charles Spurlock ordered Flavell to serve a 25- to 30-year sentence with 10 years of probation. During his probation, Flavell must wear a GPS monitoring device.

Flavell also was ordered to register as a sex offender, submit a DNA sample to the state, and undergo sex offender evaluation and treatment. He also must stay away from the victim and the hospital.

"I can't stress enough the bravery and heroism of the survivor in this case," Conley said in a statement. "It wasn't limited to fighting back against her attacker. It included working with investigators and testifying in court. We've seen enough of these cases to know how painful and difficult that can be, but she found the strength to do it. Thanks to her, this predator can't hurt another woman."

Flavell was convicted Thursday of assault with intent to rape, assault and battery, and two counts of assault and battery with a dangerous weapon.

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