The terms “rape” and “sexual assault” are often used interchangeably; however, they do not have the same definition in Massachusetts. Moreover, they are not subject to the same penalties if convicted. If you have been charged with a sex offense it is imperative that you understand the difference between rape and sexual assault as well as understanding the potential punishment for the various sex offenses in Massachusetts.
In Massachusetts, sex offenses are actually divided into two broad categories – rape and indecent assault and battery. The primary difference between the two categories is that statutes involving rape include the perpetrator actually having intercourse with the victim by force or the threat of force whereas statutes involving indecent assault and battery involves physical contact of a sexual nature but does not requires the act of sexual intercourse. To illustrate, consider the following statutes:
The Commonwealth of Massachusetts General Laws Section 22 (a) states:
“Whoever has sexual intercourse or unnatural sexual intercourse with a person, and compels such person to submit by force and against his will, or compels such person to submit by threat of bodily injury and if either such sexual intercourse or unnatural sexual intercourse results in or is committed with acts resulting in serious bodily injury, or is committed by a joint enterprise, or is committed during the commission or attempted commission of an offense defined in section fifteen A, fifteen B, seventeen, nineteen or twenty-six of this chapter, section fourteen, fifteen, sixteen, seventeen or eighteen of chapter two hundred and sixty-six or section ten of chapter two hundred and sixty-nine shall be punished by imprisonment in the state prison for life or for any term of years.”
The Commonwealth of Massachusetts General Laws Section 13B states:
“Whoever commits an indecent assault and battery on a child under the age of 14 shall be punished by imprisonment in the state prison for not more than 10 years, or by imprisonment in the house of correction for not more than 21/2 years. A prosecution commenced under this section shall neither be continued without a finding nor placed on file.
In a prosecution under this section, a child under the age of 14 years shall be deemed incapable of consenting to any conduct of the defendant for which such defendant is being prosecuted.”
As the above statutes should make clear, rape is punishable by a much lengthier term of imprisonment in Massachusetts than are indecent assault and battery offenses. If the alleged victim of either a rape or an indecent assault and battery offense is a minor, the potential penalties are significantly increased.
If you have been charged with rape or sexual assault and battery in Massachusetts you should consult with an experienced Massachusetts criminal defense attorney right away to ensure that your rights are protected throughout the prosecution of your case.
- Karen Read
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