Aggravated Rape During the Commission of Other Offenses

Rape committed during the commission or attempted commission of certain non-sexual offenses against persons, property or public peace is aggravated rape under Massachusetts General Laws Chapter 265 Section 22 (a). To convict the defendant under this theory of aggravated rape, the prosecutor must prove all three of the following elements beyond a reasonable doubt:

1. That the defendant committed one of the certain non-sexual offenses.
   1. To prove commission of the alleged non-sexual offense, the prosecutor must prove the elements of any one of the following offenses: assault and battery with a dangerous weapon; assault with a dangerous weapon; armed or unarmed robbery; kidnapping; armed or unarmed burglary; breaking and entering at night or in day time; entering without breaking at night; entering a dwelling house without breaking at night; breaking and entering a building, ship or motor vehicle or vessel in the day; carrying dangerous weapons; or possession of a machine gun or sawed-off shotgun.
2. That the accused committed rape.
   1. Rape is not proven unless it is proven, beyond a reasonable doubt, that: (i.) the accused had sexual intercourse or unnatural sexual intercourse with a person. “Sexual intercourse” means penetration of the female organ. “Unnatural sexual intercourse” includes oral and anal intercourse and other intrusions of a person’s body part or an object into the genital or anal opening of another person’s body; and (ii.) that person was compelled to submit to the intercourse by force and against that person’s will or by threat of bodily injury.
3. That the rape was committed during the commission of the alleged non-sexual. Even if it’s proven that the defendant committed the non-sexual offense and the rape, there can be no conviction of this offense unless the prosecutor satisfies this element.

If you are convicted of aggravated rape in Massachusetts, you face imprisonment in the state prison for life or for any term of years. As a practical matter, convictions for aggravated rape result in extremely lengthy sentences. Often the judge will order consecutive sentences, one for the predicate aggravating crime and the other for the rape. Defendants typically appeal these sentences to a three judge panel. This process is known as a sentencing appeal. For the most part sentences imposed by the trial judge are upheld before this panel. Therefore you should never rely on this process. Instead, make sure you have hired the right lawyer. You will need to hire someone who has successfully defended these cases.

The Law Offices of Stephen Neyman is committed to defending and protecting the accused regardless of what crime has been charged. The skilled attorneys in our office frequently defend sex crimes, including rape, in Boston and throughout Massachusetts. Our 20 years experience in aggressive criminal defense assures that you will receive the highest quality service and expertise. If you have been charged with aggravated rape, or other sex crimes, call us at 617-263-6800 or  contact us online.

Si usted habla espanol contacta a nuestro asistente de abogado Maria Rivera en 617-877-6270.