Rape Criminal Defense Attorney in Massachusetts
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In Massachusetts, rape is when a person has sexual intercourse with another person and compels that person to engage in sexual intercourse by force or threat of bodily injury. This act is considered rape when it occurs against the victim’s will, without their consent, and is carried out under the circumstances of threat or actual use of force.
The stigma of being accused of rape, the complexity of the law, and the potential consequences of a rape conviction demands an aggressive and thoughtful defense. At Nate Amendola Defense, our expertise in sex crimes, combined with a commitment to client welfare, makes us the legal defense team you need.
Elements of Rape
The burden rests on the Commonwealth of Massachusetts to demonstrate, beyond a reasonable doubt, the defendant:
- Engaged in sexual intercourse with the alleged victim;
- Compelled the alleged victim to submit to sexual intercourse by force or by threat of force or violence, actual or implied; and
- The sexual intercourse was against the alleged victim’s will, that is, without their consent.
In Massachusetts, sexual intercourse occurs when any object or body part penetrates the vagina, anus, or mouth. The degree of penetration is immaterial- any penetration, no matter how slight, meets the first element. It’s important to note that the second element has two parts- “force or by threat” and “against their will”. In situations involving victims who were incapacitated or unable to give consent, the requirement of a threat or actual use of force may not be necessary to establish the element. Furthermore, individuals under the age of 16, are deemed incapable of consenting to sexual acts. When the alleged victim of rape is younger than 16 years old it is considered statutory rape.
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Potential Consequences
Understanding the Stakes of a Rape Conviction
Rape is a felony in Massachusetts. Convictions can result in severe legal penalties that can have a lasting impact on the defendant’s life. Penalties for a rape conviction vary base on specific circumstances.
First Offense
State Prison: Not more than 20 years
Subsequent Offense
State Prison: Life or any term of years
Aggravated Rape
State Prison: Life or any term of years
Navigating your Case
Frequently Asked Questions About Rape Charges
What are “Aggravating” Factors of Rape?
- Causing serious bodily injury;
- Constituted a joint enterprise; or
- Occurred during: ABDW, Unarmed or Armed Robbery, Kidnapping, B&E, or while carrying a dangerous weapon
What are Lesser Included Offenses in Relation to a Rape Charge?
A lesser-included offense is a criminal charge that is included within a more serious charge. It consists of some, but not all, of the elements of the more serious charge. During a trial, if the prosecution has not met its burden of proof for the more serious charge, the jury may still consider whether the defendant is guilty of the lesser included offense. Indecent assault and battery is a lesser included offense of rape.
What Evidence Does the Prosecution Need to Charge Someone With Rape?
All that is required to charge someone with rape is probable cause. An alleged victim’s statement alone is enough evidence to charge someone with rape. Rape kits, eyewitness testimony, and first complaint witness testimony are other common examples of evidence used in rape cases.
Can the Charges be Dropped if the Victim Changes Their Mind?
Once charges have been filed, the prosecutor must decide whether to proceed. The victim’s wishes can be considered, but the ultimate decision rests with the prosecution.
Is Consent a Valid Defense to a Rape Charge?
Yes. Consent is a potentially defense unless the alleged victim is underage or mentally incapacitated.
It is crucial to understand that consent must be informed, voluntary, and ongoing. In effect, this means that both parties must understand the nature of the act and agree without coercion or pressure. If a defendant raises consent as a defense to a rape allegation, they should be prepared to prove that the alleged victim provided clear and unequivocal consent to the act. An experienced Massachusetts sex crimes defense lawyer can help you defend a charge.
Similar Charges
- Indecent A&B
- A&B
- Assault
- Assault with Intent to Rape
- Statutory Rape
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Consult with Our Rape Defense Attorneys
When you stand accused of a crime as serious as rape, every second counts. The choices you make now can change the course of your life. At Nate Amendola Defense, we understand the weight of the moment and are prepared to shoulder it with you. Don’t wait. Don’t hope for the best without taking action. Contact us via online chat or by contacting our office at 781-650-6940 for a free, confidential consultation. We’re here to ensure that you are heard and that your rights are vigorously defended. The path ahead may appear to be the unknown but with Nate Amendola Defense, you won’t be walking in blind.
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