Assault with the intent to rape is a felony crime in Massachusetts and is punishable by up to 20 years in prison and life in prison for a second offense. If the defendant is found guilty of committing the crime while being armed with any type of firearm, rifle or shotgun then five years imprisonment is the minimum mandatory sentence.
The elements of assault with the intent to rape are as follows:
- Defendant committed an assault on the victim; and
- The Defendant did so with the intent of raping the victim
An assault can be an attempt or threat to do bodily harm to the victim and it doesn’t require that the defendant actually touch the victim. All that matters is the defendant meant to create a fear in the victim’s mind that the defendant intended to do the victim bodily harm to the victim. As a result, an actual touching of the victim isn’t necessary to complete an assault, and no injury need be inflicted.
The prosecution doesn’t have to show that the defendant actually had intercourse with the victim but the prosecution must offer evidence for the jury to conclude that the defendant had the intent to rape the victim.
The defendant’s intent may be inferred by the defendant’s conduct. The following conduct may support the inference that the defendant had the intent to rape the victim:
- Breaking into the victim’s home and ordering her to remove her clothes and threatening to hurt her if she doesn’t, or
- Physically removing the victim’s cloths, etc.
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Defense of Consent
Consent is a defense to a charge of assault with intent to rape. As a result the prosecution must show that the defendant acted without the alleged victims consent.
Discuss Your Case Privately, for Free with an Experienced Greater Boston Area Rape Defense Lawyer
Sex offenses are extremely serious criminal charges that can have a devastating and lasting impact on your life if you are convicted. Regardless of the circumstances surrounding your case you have the same rights as anyone else when it comes to the law. We want to hear to your side of the story and will aggressively challenge any evidence that was obtained illegally or that may not be conclusive, and work hard to get your charges reduced or dismissed. Our lawyers are experienced trial lawyers and former prosecutors who know how the system works, and how to get you the best possible outcome in your case.
No matter where you are located, we are just a phone call away. Call our Massachusetts sex crimes defense law firm today to schedule your free, no-obligation case review and consultation at (508) 588-0422 and you will have taken your first step to find out how best to confront this important matter. You can also click here to use our Free Case Evaluation Form.
Our knowledgeable and experienced Taunton Massachusetts Rape Defense Attorneys at The Law Offices of Gerald J. Noonan are available to assist clients throughout all of Massachusetts, including but not limited to Plymouth County including Brockton, Plymouth, Bridgewater, Marshfield, Hingham, Duxbury, Scituate, Hanover, Wareham, Abington, Rockland, Lakeville, Whitman, Hanson, Holbrook, Kingston, Middleborough; Norfolk County including Quincy, Stoughton, Dedham, Weymouth, Braintree, Avon, Holbrook, Randolph, Canton, Sharon, Brookline, Franklin; Bristol County including New Bedford, Fall River, Taunton, Attleboro, Dartmouth, Westport, Mansfield, Easton, Raynham, Norton; Cape Cod, Falmouth, Barnstable.
