Aggravated Rape

Aggravated rape is a criminal offense under Massachusetts General Laws Chapter 265 Section 22 (a). Aggravated rape is rape in any of the following circumstances:

  1. The rape results in or is committed with acts resulting in serious bodily injury.
  2. The rape is committed by a joint enterprise;
  3. The rape is committed during the commission or attempted commission of one or more of the offenses, set forth in Massachusetts General Laws: Chapter 265 Section 15(A), 15(B), 17, 19 or 26; Chapter 266 Section 14, 15, 16, 17 or 18; or Chapter 269 Section 10.

If you are convicted of aggravated rape in Massachusetts, you face imprisonment in the state prison for life or for any term of years.

Is Force Necessary to Prove Aggravated Rape in Massachusetts?

In most instances force is necessary to prove rape in Massachusetts and absent force it is unlikely that the prosecution could prove the aggravating factors necessary to sustain a conviction for this crime. There must be some proof of an act of violence. Confining or restraining as well as attempts to do so suffice to satisfy this element. The force and the violence do not have to be physical. It can be done through psychological coercion. It can also be accomplished through threats. Threats can be made directly and implicitly.

What if the Woman was Tricked Into Having Sex With Me?

Obtaining sex through trickery or fraud does not give rise to rape and acts as such should not be prosecuted as a rape. In a 2007 Massachusetts case, Suliveres v. Commonwealth, 449 Mass. 112 addressed that issue. In that case, the complainant was fraudulently induced into having sex with the defendant. She believed, due to the defendant’s fraudulent acts that he was in fact her boyfriend. In other words, she had consensual sex with the wrong person. The Massachusetts Supreme Judicial Court ruled that acts of deception resulting in consent to sexual intercourse do not amount to rape.

What Act Constitute Aggravated Rape in Massachusetts?

Any type of beating will satisfy this element. It does not matter if the beating occurred after the rape so long as the act of rape and beating was a continuous one, not one that is attenuated by time. If a rape occurs during a kidnapping it will be considered aggravated. The use of, or introduction of a dangerous weapon during the rape will transform this crime from rape to aggravated rape. In some cases kidnapping the victim will serve as the aggravating basis if the district attorney can link the kidnapping to the rape.

Will I Necessarily go to Jail if I am Convicted of Aggravated Rape?

Under most circumstances a conviction for this crime will result in a state prison sentence. There are times when a judge will not impose incarceration as a sentence but this is rare. Equally important is the fact that a conviction for this crime will require you to provide a DNA sample for the state DNA database and registration with the Massachusetts Sex Offender Registry Board. If you are convicted of more than one count a sentence of probation, from and after the prison sentence will probably be imposed. The conditions of probation will be severe and one misstep can result in you going back to jail.

You Need a Good Lawyer if You Get Charged With this Crime

Make no mistake about it. This crime is one of the worst with which someone can be charged in Massachusetts. If you find yourself in this position get yourself an experience lawyer right away. You will need someone who has handled lots of these cases to best protect your freedom.