The statute: Rape is sexual intercourse with another person compelled by force and against the person’s will, or compelled by threat of bodily injury combined with the apparent ability to carry out the threat.
What the Commonwealth must prove:
- The defendant engaged in sexual intercourse (natural or unnatural) with the alleged victim.
- The intercourse was compelled by force, or by threat of bodily injury, and was against the alleged victim’s will.
- If the Commonwealth proceeds on a threat theory, the threat must have been combined with circumstances in which the alleged victim reasonably believed the defendant had the present ability to carry out the threat.
Penalties: State prison for not more than 20 years for a first offense; a person convicted of a second or subsequent rape offense faces life imprisonment or any term of years. If the offense is committed while armed with a firearm, the sentence may not be less than 10 years, or 15 years for a subsequent offense. A rape conviction requires registration as a sex offender with the Sex Offender Registry Board (SORB), and convictions carry possible civil commitment proceedings and deportation for non-citizens.
In plain English: Rape means sexual intercourse that the other person did not consent to, forced through physical force or threats. Consent — or the lack of it — is the central issue in most of these cases, and a conviction brings up to 20 years in prison plus sex offender registration.
How these cases are defended:
- Consent — presenting the full context of communications and the parties’ relationship that the Commonwealth’s account omits.
- Challenging identification and the reliability of forensic/DNA evidence and its collection.
- Exposing inconsistencies in the complaining witness’s accounts over time through prior statements and records.
- Challenging delayed reporting, motive to fabricate, and bias through cross-examination and impeachment.
- Careful, independent review of medical (SANE) examinations and digital evidence seized from phones and accounts.
Note: this entry covers adult rape under § 22(b); rape of a child is charged under c. 265, § 22A and related sections.
This page is general information about Massachusetts law, not legal advice about any specific case. If you are charged with a crime, contact Davis Law Firm, P.C., 132 Lincoln Street, Suite 5L, Boston, MA 02111, (617) 297-4837.
