Rape allegations in Massachusetts constitute some of the most serious accusations and bring some of the harshest of charges. When the stakes are as high as they are after you have been accused of any form of rape, you cannot afford to put your case in the hands of just any attorney. Attorney Brad Bailey has the experience and know-how to provide you with the aggressive legal protection that your case will require.
If you are convicted of rape, you may face charges as heavy as:
The fact is that a single rape accusation and conviction can damage your finances, freedom, and reputation for the rest of your life. With so much on the line, it is time to contact Brad Bailey Law at (617) 500-0252.
What Is Considered Rape in Massachusetts?
The prosecution in a rape case will have to prove that three things happened:
- Sexual intercourse or “unnatural sexual intercourse” occurred between two people.
- One of the two people did not consent to the sexual acts.
- Force or threat of violence was used before or during the sexual acts.
“Unnatural sexual intercourse” simply refers to sexual acts of any kind that do not directly involve both people’s genitalia. Consent can either be given directly through words or indirectly through inviting actions, but it can never be given if someone lacks the capacity to give consent; for example, someone who is asleep, rendered unconscious, mentally disabled, or heavily intoxicated or drugged cannot give consent.
Force or threat of violence is a fairly general term. The vagueness of its legal definition opens the door for the prosecution to try to prove force in incidents where there was none. Physically harming someone through sexual assault and battery can be used as a clear act of force, but the mere presence of fear in the alleged victim can be seen as a threat of violence, regardless of what the accuser said or did. There does not have to be any threatening words or any resistance from the alleged victim for the state to consider the action rape.
Aggravated & Forcible Rape Charges
If a significant amount of force or resistance occurred during the alleged sex crime, it may be considered aggravated or forcible rape. The same may be said if bodily injury occurs, if a deadly weapon, such as a knife or firearm, is used to intimidate the accuser, or if multiple people sexually assault one victim at the same time. Aggravated and forcible rape charges carry penalties even more severe than other rape convictions. You could be imprisoned for life depending on the circumstances of the accusation.
What Is Assault with Intent to Rape?
In order to prove a defendant guilty of assault with intent to rape, the Commonwealth must convince a jury, beyond a reasonable doubt, of the following elements:
- The defendant assaulted and intended to physically harm the victim
- The defendant intended to rape the victim
Even if the act of rape never actually occurred, a defendant convicted of assault with intent to rape will face serious penalties.
Legal Defenses Against Rape Charges
In Massachusetts, legal defenses against rape charges depend on the circumstances of the case and the specific statute under which the defendant is charged. Some common defenses include:
- Consent – Massachusetts law defines rape as sexual intercourse accomplished through force or threat of force and against the will of the alleged victim. If the defendant can show that the act was consensual, this may serve as a defense. However, consent is not a valid defense in cases involving statutory rape (when the victim is under the legal age of consent, which is 16 in Massachusetts).
- False Allegations – The defense may argue that the accuser has made a false claim due to personal motives, such as revenge, a custody battle, or embarrassment. This defense often relies on inconsistencies in the accuser’s statements, witness testimony, or electronic communications.
- Mistaken Identity – If the defendant was wrongly identified as the perpetrator, they may use alibi evidence, DNA analysis, surveillance footage, or other forensic evidence to prove they were not involved.
- Lack of Evidence – The prosecution must prove every element of the charge beyond a reasonable doubt. If there is insufficient evidence, unreliable witness testimony, or forensic inconsistencies, the defense can argue that the case does not meet the legal standard for conviction.
- Incapacity or Mental Illness – While rare, a defendant may argue they lacked criminal intent due to severe mental illness or incapacity. Massachusetts follows the McHoul standard for insanity, meaning the defense must prove that the defendant lacked the substantial capacity to appreciate the wrongfulness of their actions.
- Intoxication – Voluntary intoxication is generally not a defense to rape charges in Massachusetts. However, if the defendant was involuntarily intoxicated (e.g., drugged without their knowledge) and unable to form the necessary criminal intent, this may serve as a defense.
- Statutory Rape Exceptions – Massachusetts law allows for certain limited defenses in statutory rape cases. The "Romeo and Juliet" provision provides a possible defense if the accused is close in age to the minor (e.g., under 19 and within a three-year age difference of the complainant).
Choose a Proven Attorney for Your Defense
Boston Criminal Defense Attorney Brad Bailey has been selected as a Massachusetts Super Lawyer® several times throughout his career, and has even earned an AV® Preeminent™ Rating from Martindale-Hubbell®, which is the highest rating a lawyer can receive from this prestigious organization. If you need to defend yourself from rape accusations in Massachusetts, you need the unwavering, trial-tested defense of Brad Bailey.
Contact Brad Bailey Law today at (617) 500-0252 and you can schedule a free case evaluation with his law firm.
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