Assault with Intent to Commit Rape
Assault with Intent to Commit Rape is a non-consensual sexual offense that includes every element of the crime of rape, except the actual consummation of the sexual act. A conviction for an Assault with Intent to Commit Rape charge will result in serious consequences, including the possibility of spending time in prison and registering as a sex offender. Sexual assaults in Massachusetts are taken very seriously and will be prosecuted to the full extent of the law. For purposes of this offense, a child under the age of 14 will be presumed incapable of committing the crime of rape. However, they may be charged with the lesser crime of assault In the event that you are being investigated for a sexual assault crime or if you have been charged with a crime such as Assault with Intent to Commit Rape, it is essential that you seek legal counsel as soon as possible. In many instances, intervention from an accomplished Massachusetts sex crimes attorney may be considerably beneficial to the end result in your case.
Massachusetts General Laws c. 265, s. 24 concerns itself with the offense of Assault with Intent to Commit Rape. The law provides that anyone who assaults a person with the intent to commit a rape shall be punished by the following:
- Imprisonment in the State Prison for not more than 20 years, or
- Imprisonment in a hail or house of correction for not more than 2.5 years.
Any second or subsequent offense shall be punished by imprisonment in the state prison for life or for any term of years.
If the offense of Assault with Intent to Commit Rape was committed with a firearm, rifle, shotgun, machine gun or assault weapon, the penalties are further enhanced. A conviction of this crime will result in imprisonment in the state prison for not less than 5 years. This is a mandatory minimum sentence. Any second or subsequent offense shall result in imprisonment in the state prison for at least 20 years, or for life or any terms of years.Prosecution’s Burden of Proof
In order for the prosecution to secure a conviction of this crime, they must be able to prove that (1) the defendant committed an assault, and (2) at the time of the assault, the defendant intended to commit a rape. An essential element to the crime of Assault with Intent to Commit Rape is the defendant’s mental state. An assault is evidenced by an outward menacing gesture such as a demonstration of force with an apparent ability to injure. Commonwealth v. Appleby. Therefore, the prosecution must be able to prove that at the time of the assault, the defendant intended to rape the victim. In order to determine the defendant’s mental state, the jury may consider evidence such as a struggle between the victim and offender, any attempt to restrain the victim, any sexual advances made by the offender.
Having an experienced criminal lawyer on your side is the best defense. It is the only way to help you achieve the best possible results when facing sexual offenses such as Assault with Intent to Commit Rape. The Law Office of Patrick J. Murphy is a well-known criminal defense firm practicing in Boston, Massachusetts. Attorney Murphy has been successfully representing those facing criminal charges or requiring legal advice on criminal law related matters for over 18 years. He is available to work with and along side you through every stage of the criminal court process including bail hearings, trials and appeals for all types of sex offenses. With extensive knowledge of the law and criminal court procedure, Patrick J. Murphy, Esq. offers a specialized defense in a number of criminal law related areas such as sex crimes. Call 617-647-0450 to consult with Patrick J. Murphy, Esq. today or fill out our online contact form.