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Forcible Rape of a Child
Forcible rape of a child is prohibited by Massachusetts General Laws Chapter 265 Section 22A. To convict a defendant of this offense, the prosecutor must prove all three of the following elements beyond a reasonable doubt:
- The defendant had sexual intercourse or unnatural sexual intercourse with the alleged victim.“Sexual intercourse” refers to penetration of the female sex organ by the male sex organ. “Penetration” refers not only to intrusion into the vagina, but also to the touching of the labia or vulva by the male organ. “Unnatural sexual intercourse” refers to oral and anal intercourse and other intrusions of a person’s body part or an object into the genital or anal opening of another person’s body.
- The defendant compelled the alleged victim to submit to that intercourse by force and against his or her will, or by threat of bodily injury.
- The alleged victim was under sixteen years of age.
The age element is the only difference between the requisite proof for conviction of forcible rape of a child and that for conviction of non-aggravated rape. If the prosecutor fails to prove the age element, proof of rape under Massachusetts General Laws Chapter 265 Section 22(b) remains open.What are the Penalties for Forcible Rape of a Child in Massachusetts?
If you are convicted of forcible rape of a child under Massachusetts law, you face imprisonment in the state prison for life or any term of years. If you are over the age of eighteen and you are convicted of this offense for a second or subsequent time, you face you face a five-year minimum sentence. You will be required to register as a sex offender. Most likely, your initial classification will be a level 3. If you are convicted of more than one count then you will probably be placed on probation from and after your committed sentence. The probation will consist of reporting, wearing a GPS monitoring device, counseling, staying away from children under the age of sixteen, no unsupervised contact with children under the age of eighteen and more. You cannot take these charges lightly. You need to hire a lawyer who can successfully fight these charges.Aggravated Forms of Forcible Rape of a Child
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 10 year minimum sentence. If the same is true and you are over the age of eighteen, you face a twenty year minimum sentence for a second or subsequent conviction.
Since forcible rape of a child is a violent sexual offence that victimizes minors, Massachusetts law enforcement officials and district attorneys will aggressively prosecute it. If you are charged with this crime, it is necessary to retain an experienced defense attorney who is not afraid to challenge powerful prosecutors and protect your rights. Throughout his 20 years experience in criminal defense, Stephen Neyman has never been afraid of such a challenge. Call our office today at 617-263-6800 for your initial consultation or contact us online.