Assault With Intent to Commit Rape

Assault with intent to commit rape is a criminal offense under Massachusetts General Laws Chapter 265 Section 24.

To convict a defendant of assault with intent to commit rape, a prosecutor must prove both of the following elements beyond a reasonable doubt:

  1. The defendant committed an assault upon the alleged victim. An assault is conduct that causes another person to have a reasonable fear that he will be subjected to a battery. A battery is an intentional touching of another’s person without consent and involving either actual or intentional physical harm.

  2. The defendant had the specific intent to rape the alleged victim at the time of the assault. “Rape” means sexual or unnatural sexual intercourse with a person who submitted by force and against her will or by threat of bodily injury. “Intent to commit rape” includes both intent to have sexual or unnatural intercourse with a child and intent to rape by actual force against one’s will. “Specific intent” means a purpose or an objective. If a defendant made the decision to rape upon contemplation, no matter how brief, then he had the specific intent to rape.

If you are convicted of assault with intent to commit rape, you face imprisonment in the state prison for up to 20 years or imprisonment in a jail or house of correction for up to two and one-half years. If you are convicted of this offense for a second or subsequent time, you face imprisonment in the state prison for life or any term of years.

If it is proven that you were armed with a firearm, rifle, shotgun, machine gun or assault weapon at the time of the offense and you are convicted, you face a five-year minimum sentence. You face a twenty- year minimum sentence for a second or subsequent such conviction.

If you are charged with assault with intent to commit rape, you will need an experienced Massachusetts defense attorney. The Law Offices of Stephen Neyman, P.C. has successfully defended this and other sex crimes for more than twenty years. This experience, taken together with our talent and commitment, make us an ideal firm to fight for you. Call our office now at 617-263-6800 or contact us online to discuss your case with a leading criminal defense attorney.

Si usted habla espanol contacta a nuestro asistente de abogado Maria Rivera en 617-877-6270.

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