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.
Paralegal Acquitted of Charges of Rape of a Child After Jury Trial in Middlesex County
Middlesex County Superior Court Woburn: The prosecution alleged that the defendant began a dating relationship with the victim's mother in 2004 at which time the victim was about one year old. The relationship continued on and off for about seven years and a child was born to this relationship in 2009. In 2011 the victim's mother went out for the day to shop and dine with co-workers. The defendant remained behind with their biological daughter and the victim. The victim testified that during the day the defendant took her to an arcade and out to dinner at a restaurant. At various time during the day the victim claimed that the defendant digitally penetrated her and touched her genital area over her clothes as well. The defendant was charged with Rape of a Child by Force, Aggravated Rape of a Child, Indecent Assault and Battery on a Child Under the Age of Fourteen and additional miscellaneous charges. The defendant hired Attorney Neyman to represent him. Today, a jury returned verdicts of not guilty to the charges discussed above.
Attorney Neyman wins acquittal for Worcester County man charged with Rape of a Child
Worcester Superior Court: The prosecution alleged that from 2006 through 2008 our client raped his daughter on several occasions. The first incident occurred during the daytime when the complainant who was not feeling well went up to her bedroom to take a nap. She was awakened by our client who was allegedly pulling down her pants. He penetrated her with his penis. These acts purportedly occurred on several more occasions. The local authorities were notified. Experienced police officers interviewed our client and obtained a tape recorded confession. A motion to suppress involving expert testimony was litigated over the course of one year. Trial commenced earlier this week. Attorney Neyman succeeded in getting not guilty verdicts for our client on all five counts indicted by the prosecutor.