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Massachusetts Rape Crime

Contact Attorney Jason Chan

Attorney Jason Chan

267 North Beacon Street, Suite 3
Boston MA 01235

Phone: 781-343-1DUI (781-343-1384)
Fax: 617-226-7986


Rape of  Proserpina taken by rjhuttondfw

What is rape and how is it defined in Massachusetts?  Rape is essentially the unlawful sexual intercourse with another person.  It is usually accomplished by force, threats or putting the victim in fear.  If a person is charged with rape, the prosecution needs to prove certain elements to prove the crime beyond a reasonable doubt.  The definition of intercourse for the purposes of rape in Massachusetts is the slightest penetration.  There is no defined amount of time that the defendant needs to be having sex with the victim. 

When we think of rape, we usually think of the defendant using violence to force the victim into having sexual intercourse.  In Massachusetts, a defendant doesn’t need to use actual violence to be convicted of rape.  There are many scenarios in which a person can be convicted of rape without violence being part of the crime. 

The defendant can be charged and convicted of rape if the defendant drugged the victim.  If after the victim is drugged, the defendant engages in nonconsensual sexual intercourse with the victim, the defendant can be convicted of rape.  No actual force or violence is used because the victim is drugged and cannot resist.  Even though there is no actual violence or threats, this type of conduct is also considered a rape in Massachusetts.

The defendant can also be charged with rape if the defendant uses his position to threaten the victim into sexual intercourse.  If the defendant pretends to be a police officer and threatens to arrest the victim unless the victim engages in sexual intercourse, the defendant can be convicted of rape.  In this situation, the defendant once again never actually uses violence to force the victim into sexual intercourse.  However, the victim is forced into sexual intercourse by the defendant’s threats and that is enough. 

In Massachusetts, a husband can be found guilty of rape if he forces his wife into sexual intercourse.  A woman can also be convicted of rape in certain situations.  These cases are pretty rare, but some women have been convicted of rape under a joint venture theory.  In these situations, the woman usually helps get the victim to the location where the victim is raped.

Rape is a serious crime in Massachusetts.  If the defendant is convicted of rape, the defendant can be facing serious jail penalties.  In Massachusetts, a person doesn’t need to use actual violence to commit a rape.  There are many situations in which a person can be convicted of rape where violence didn’t occur. 


1 Comment

  1. sunil singh says:

    what is the least time for rape 265 22(b) if found guilty with 1 count delivery of Liquor to minors? My brother was indicted for these charges? thanks

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