Sexual Assault Crimes
If you have been charged with a sex crime, you are most likely completely horrified and have no idea what to do. No matter the situation, do not talk to the police. Even if you are completely innocent, rarely, if ever, does speaking to the police without an attorney present help. If the police thought they had enough evidence to charge you without talking to you, they probably would not bother to talk to you. It is imperative that you take a moment to calm down and talk to a skilled South Shore criminal attorney to outline a game plan. It may seem outrageous to the average person, but people lie about being the victims of sex crimes more often than probably anyone would expect. “Why would anyone lie about such a thing?” is often the response. The reasons vary, but it does not change that it happens. Sex crimes are among the worst that someone can be accused of, and that is why it is important to have a skilled criminal attorney on your side.
Rape/Aggravated Rape
Rape is forcing someone to engage in sexual intercourse against their will through force or the threat of force. Some element of coercion is required, and it does not have to be physical. Threats can suffice. However, deception or trickery does not suffice as rape. For example, if someone is tricked into having sex with the wrong person, that cannot be charged as rape.
Aggravated rape carries up to a life sentence. It is rare for a judge to impose a sentence that does not involve state prison. Any type of physical beating will result in aggravated rape. Rape with the threat of force by using a weapon will result in aggravated rape. Kidnapping in conjunction with rape will elevate the charge to aggravated rape.
Massachusetts General Laws Chapter 265 Section 22 (a) lays out aggravated rape as any of the following circumstances:
The rape results in or is committed with acts resulting in serious bodily injury.
The rape is committed by a joint enterprise;
The rape is committed during the commission or attempted commission of one or more of the offenses, set forth in Massachusetts General Laws: Chapter 265 Section 15(A), 15(B), 17, 19 or 26; Chapter 266 Section 14, 15, 16, 17 or 18; or Chapter 269 Section 10.
Statutory Rape
Massachusetts General Laws Chapter 265 Section 23 defines Statutory rape as unnatural sexual intercourse, with a child under the age of sixteen. To convict a defendant of statutory rape in Massachusetts, the prosecutor must prove the following elements:
The defendant had sexual intercourse or unnatural intercourse with the alleged victim. “Sexual intercourse” as defined by the statute is broader than intercourse. It is defined as any penetration of the sex organ or anal opening. “Unnatural sexual intercourse” includes oral and anal intercourse, such as fellatio.
The alleged victim was under sixteen years of age.
A defendant convicted of statutory rape in our state faces a sentence of up to life imprisonment. This means that even a first time offender could be sentenced to life imprisonment following a statutory rape conviction. A a person convicted of statutory rape will face lifelong consequences from the conviction. In addition to having a felony criminal record, statutory rape convictions require registration as a sex offender, and may involve restrictions on your liberty such as refraining from using computers while on probation, being prevented from living too close to schools or parks, and required to stay away from minors.
Mistake of age is not a defense.
Knowledge that the person was under sixteen is not a defense. Statutory rape is a strict liability crime. Even if the person lied about their age, you can still be prosecuted. Even if the minor consented to the act, you will still be prosecuted. Under Massachusetts law, anyone under the age of sixteen is not capable of consent.
Teenagers can also be charged.
Many states have “Romeo and Juliet” laws which provide exceptions to statutory rape where the defendant was also a minor, although Massachusetts does not provide exceptions. Therefore, a sixteen-year-old dating a fifteen year old can be charged and convicted of statutory rape. If both parties are under the age of consent, both can be charged.
Punishment for Statutory Rape
Punishment for statutory rape varies depending on the circumstances. Factors such as age gap and the relationship of the parties will play a role. For example, as mentioned before regarding deception of age, someone that is tricked into intercourse by a minor may not be as severely punished as someone that was aware of the age and had a closer relationship with the party. A teacher, counselor, coach, family member, etc. will be more often punished much more severely given the nature of the relationship and the vulnerability of the minor. However every case is different and the judge has broad discretion under the statute.
Indecent assault and battery on a person aged fourteen or older
Massachusetts General Laws Chapter 265 Section 13H defines indecent assault and battery as an intentional and unjustified use of force upon another’s person, however slight. “Force” is can be just a simple touching. An indecent assault and battery is an intentional and unjustified touching of an area that society generally considers a “private area,” including, but not limited to, the breast, abdomen, thigh, buttocks, genital or pubic areas of a female or the buttocks, genital or pubic areas of a male. Whether the body part is a “private area” is dictated by context. This crime is a general intent crime as opposed to a specific crime in Massachusetts. This means that sometimes the defense of “accidental touching” may not be available.
Elements
the prosecutor must prove all of the following six elements beyond a reasonable doubt to sustain a conviction for indecent assault and battery:
The alleged victim was over the age of fourteen.
The defendant intended to engage in the touching;
The defendant committed the touching;
The touching was harmful or offensive;
The touching was indecent .A touching is indecent when it is contrary to societal norms and is offensive to current moral values in that would be considered “immodest, immoral and improper.” Indecency is measured by “common understanding and practice.” This definition gives persons of normal intelligence an opportunity to know what is proscribed. And;
There was no justification or excuse for the touching.
Punishment
Imprisonment in the state prison for up to five years or imprisonment in a jail or house of correction for up to two and one-half years. You are also going to have to register as a sex offender. You will probably have to fight the offender level you get assigned as the Massachusetts Sex Offender Registry Board initially assigns levels that we believe are higher than the person deserves. A continued without a finding may be available depending on the circumstances, in which case you may not be required to register as a sex offender. This is an important distinction that you need a skilled south shore criminal attorney to recognize.
What if the person is UNDER fourteen?
Massachusetts General Laws Chapter 265 Section 13B discusses what happens if the person is under fourteen. The elements are essentially the same, aside from providing age. While consent is available as a defense in indecent assault and battery OVER fourteen, it is not available here. The law states that anyone under the age of fourteen is not capable of consent to any of the acts described in the statute. Additionally, due to the wide berth that courts give victims under the age of fourteen in assessing credibility, a case with essentially the same facts where an alleged victim is over fourteen becomes easier to prove if the victim is under fourteen. Judges will allow significant leeway in assessing evidence where a minor cannot remember a time or a date that the allegation occurred, or if the details are vague or ambiguous.
Punishment
Imprisonment in the state prison for up to ten years or imprisonment in the house of correction for up to two and one- half years. You are also facing a sex offender registration requirement. There is no availability of a continuance without a finding, and it is required that you register as a sex offender.