Rape
Rape is a felony governed by Massachusetts General Laws Chapter 265 Section 22(b). There are two elements that a prosecutor is required to prove beyond a reasonable doubt before a defendant can be convicted of this offense:
- The defendant had sexual intercourse or unnatural sexual intercourse with another person.“Sexual intercourse” means penetration. The prosecutor can satisfy this element by proving that there was an intrusion into the vagina or that the labia or vulva was touched by the male organ. Proof of penetration by an inanimate object is enough to satisfy this element. “Unnatural sexual intercourse” includes oral and anal sex.
- The defendant compelled that person to submit by force and against her will or by threat of bodily injury. This issue of consent is the crux of most rape cases. “Force” includes physical force, but physical force is not required. The defendant’s acts, words, appearance and the overall way in which he presented himself to the victim can also constitute force. Fraud in the inducement does not constitute force. So, for example, a doctor would not be guilty of rape if he told a victim that he had to have intercourse with her to cure her of an illness and she consented. Even though in that scenario, the woman’s consent is based on a lie, there would be no rape because the core of the crime is the emotional and physical injury to the victim brought about by forceful penetration.
When consent is the disputed issue, the defendant’s actions will be judged by an objective standard. If the jury determines that he had a reasonable, good faith belief that the victim consented, then he will not be guilty.
Sexual or unnatural sexual intercourse by a person with another person who is compelled to submit by force and against her will or by threat of bodily injury is rape regardless of whether the persons are dating or even married.
Punishment
Rape is punishable by up to 20 years in state prison. A second or subsequent offense is punishable by life or any term of years in prison. There is a mandatory minimum 10-year prison sentence for rape committed while armed with a gun.
Statutory Rape
Massachusetts General Laws Chapter 265 Sections 22A and 23 govern the crime of statutory rape. Statutory rape is sexual intercourse or unnatural sexual intercourse with a child less than 16 years old. “Sexual intercourse” refers to penetration. “Unnatural sexual intercourse” includes oral and anal sex. It also includes any other intrusion of a body part or of an inanimate object, into a person’s genital opening or anus.
Our law duly recognizes that children are uniquely vulnerable, especially when it comes to sex crimes. In Massachusetts, 16 is the age of consent. This means that there is a presumption in our law that children under that age are incapable of consenting. In other words, the law assumes that no person under 16 can really understand the physical and emotional consequences of having sex. As such, sex with a person under 16 is still statutory rape if the minor consents or even initiates the act. Statutory rape is a strict liability crime. This means that there is no required mental state. If the defendant mistakenly thinks that the minor is 16 or older (even if the minor has shown the defendant a fake ID), he is still guilty.
Punishment
Massachusetts does not play when in it comes to crimes involving the sexual abuse of children. Statutory rape is a serious charge that will be prosecuted aggressively. It is punishable by up to life in state prison.
If you are facing charges for Rape or Statutory Rape in Newburyport, Salem, Boston, Amesbury, Salisbury, Lawrence, Ipswich, or any town in the Essex, Suffolk, or Middlesex counties in Massachusetts, call Criminal Attorney Bonavita immediately at 978-376-6746 or email her with your case information!
