Defending those Accused of “Assault with Intent to Rape”
Being charged with assault with intent to rape, like any allegation involving sexually violent conduct, is a serious development with potentially devastating consequences. Identifying the criminal defense lawyer best able to defend you against such a charge is the first step to confronting this challenge. Take the time to research the most experienced and capable Massachusetts sex crimes lawyer.
Elements of the Crime
To obtain a conviction for assault with intent to rape, the Commonwealth must prove, beyond a reasonable doubt that the defendant:
- Assaulted the alleged victim; and,
- With the intent of raping her.
An assault is an aggressive action that places the victim in fear of imminent bodily harm. Unlike a battery, assault does not require physical touching. To prove his intent to rape the alleged victim, the Commonwealth must demonstrate the defendant’s state of mind at the time of the alleged assault. Unless there is adequate evidence that the defendant assaulted the alleged victim with the intent to rape her, the jury must acquit the defendant. Evidence a physical struggle, including the defendant forcefully subduing the alleged victim or tearing her clothing, would be enough to support an allegation of intent to rape. Of course, the defendant may have verbally announced his intent to rape either before or during the assault.
How the District Attorney’s Office Proves the Charge
As in most sex crimes, the prosecution relies heavily on the anticipated testimony of the alleged victim’s to prove the charge. The cross-examination skills of the criminal defense lawyer may well be the difference between the jury returning an acquittal or a conviction.
Consequences
A conviction for assault with intent to rape is punishable by up to 20 years in prison and requires registration with the Sex Offender Registry Board. If the defendant has been previously convicted of rape or assault with intent to rape, the court may sentence him to life in prison.
Contact an Experienced Massachusetts Sex Crimes Lawyer
If you or a loved one has been accused of a sex crime such as assault with intent to rape, call us at (617) 492-0055 to schedule a free in-office consultation with an experienced Massachusetts criminal defense lawyer.
