Forcible Rape of a Child Under Sixteen
This crime is essentially the same crime of that of Non-Aggravated Rape, except the victim in this case must be under the age of 16. In an effort to protect the safety of minors and prevent the victimization of children, Massachusetts calls for much more severe penalties for this crime as opposed to Non-Aggravated Rape. The law provides that an individual under the age of 16 is incapable of consenting to sexual intercourse, and therefore, the law assumes that even if the minor willingly engaged in sexual intercourse, the sex is not consensual. The crime of forcible rape is also similar to the crime of statutory rape, but in differs in that force or threat of force must be present. The distinction here is based on the fact that forcible rape must be against the will of the child, and the child must have been compelled through the use of force or threat of bodily injury. Sexual crimes of any kind will be prosecuted to the full extent, but especially if the crime involved a minor. It is important to note that any person convicted under this statute will face a minimum mandatory sentence of 5 years and may be condemned to a life sentence based on the specific circumstances of the crime. It is also important to recognize that sex crimes are very different from general crimes, and require unique and specialized skills to mount an effective defense. Contact a skilled sex crimes defense attorney capable of handling even the most intricate and complex cases in the greater-Boston area
The Commonwealth of Massachusetts dictates that anyone who compels a child under 16 against his will to engage in sexual intercourse or unnatural sexual intercourse by force or threat of bodily injury may be charged with the Forcible Rape of a Child Under Sixteen under M. G. L. c. 265, s. 22A. A convicted offender of this crime faces imprisonment in the state prison for life or any terms of years. A second or subsequent offense committed by a person over the age of 18 shall be subject to a mandatory minimum sentence of 5 years to life in the state prison.
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 10 years. This is a mandatory minimum sentence. A second or subsequent offense committed by a person over the age of 18 shall be subject to a mandatory minimum sentence of 20 years to life in the state prison.What Must the Prosecution Prove?
In order for be convicted of the crime of Forcible Rape of a Child under Sixteen, the prosecution must be able to prove three elements of the crime:
- The defendant has sexual intercourse or unnatural sexual intercourse;
- With a child under the age of 16; and
- The child was compelled to submit against his/her will through the use of force or threat of bodily injury.
A conviction for a sex crime can destroy a person’s life. If you or a loved one is accused of a sex offense such as Forcible Rape of a Child, do not make the mistake of hiring an unqualified or inexperienced attorney. The Law Office of Patrick J. Murphy has over 18 years experience as a Boston, Massachusetts criminal defense firm, and will dedicate its time and resources to combat any charges against you. Attorney Murphy’s background in family law and child-related issues and other civil litigation experience provides a clear advantage when developing a persuasive defense strategy tailored to the facts of your case. Contact The Law Office of Attorney Patrick J. Murphy 24/7 for a free legal assessment of your case, by calling (617) 367-0450 or submit the completed contact form on our website.