Aggressive Advocacy for the Accused
Rape
Massachusetts General Laws Chapter 265, Section 22 defines ‘Rape’ as natural or unnatural sexual intercourse with another person by force and against that person’s will, or that compels such person to submit to such acts by threat of bodily force or violence.
Other Rape Crimes include:
The penalty upon a conviction for a crime of Rape is imprisonment 20 years in state prison for a first offense, and up to life for subsequent offenses. Rape, and Massachusetts Sex Crimes in general, carry severe criminal penalties aside from possible commitment to state prison, including Sex Offender Registration, Lifetime Community Parole and/or Sexually Dangerous Person Commitment
For the crime of Rape, the prosecutor must prove, beyond a reasonable doubt:
- That the defendant engaged in sexual intercourse, either natural or unnatural with the complainant; and
- The sexual intercourse was accomplished by compelling the complainant to submit by force or threat of bodily injury and against his/her will.
The force needed for rape may, depending on the circumstances, by constructive force, as well as physical force, violence or threat of bodily harm. If a person submits because of fear, that is not consent.
A conviction for or even the attempt to commit the crime of Rape in Massachusetts also leads to extremely serious collateral consequences in Massachusetts. Not only will a conviction for Rape subject the criminal offender to Sex Offender Registration, and be punished by a term of lifetime community parole supervision, but he/she may also be required to submit a DNA sample to the Massachusetts DNA Database. Additionally, a Rape conviction in Massachusetts could also serve as a predicate ‘sexual offense’ for civil commitment as a “sexually dangerous person” under Massachusetts General Laws Chapter 123A, Sections 1-15.
If you have been charged with the crime of Rape or any other Sex Crime in Massachusetts, you should immediately consult with an experienced criminal defense lawyer.
Boston Criminal Lawyer Lefteris K. Travayiakis has the experience and has successfully defended the crime of Rape in the Massachusetts courts. See Case Results.
To schedule a Free Consultation, Click Here to Contact a Boston Sex Crimes Lawyer or call 617-325-9500.