Assault with the Intent to Rape a Child under 16
Our knowledgeable and experienced Massachusetts Child Rape Defense Attorneys at The Law Offices of Gerald J. Noonan are available to assist clients throughout all of Massachusetts and the Greater Boston area including South Boston, Brockton, Cambridge, Somerville, Quincy, New Bedford, Taunton, Attleboro, Lowell, Woburn, Medford, Waltham, Wareham, Lynn, Lawrence, Wrentham, Dedham, Salem, Fall River, Brookline, Chelsea, Worcester, Framingham, Everett, Revere, Dorchester and Roxbury and all smaller cities and rural areas in Massachusetts.
Assault with the intent to rape on a child under 16 is a felony in Massachusetts and is punishable by up to any number of years. If the defendant is found guilty of committing the crime while being armed with any type of firearm, rifle, or shotgun then ten years imprisonment is the minimum mandatory sentence.
The elements of assault with the intent to rape are as follows:
- Defendant committed an assault on the victim;
- The victim was under 16 at the time;
- The Defendant did so with the intent of raping the victim,
An assault can be an attempt or threat to do bodily harm to the victim and it doesn’t require that the defendant actually touch the victim. All that matters is the defendant meant to create a fear in the victim’s mind that the defendant intended to do the victim bodily harm to the victim. As a result, an actual touching of the victim isn’t necessary to complete an assault, and no injury need be inflicted.
The prosecution doesn’t have to show that the defendant actually had intercourse with the victim but the prosecution must offer evidence for the jury to conclude that the defendant had the intent to rape the victim.
The defendant’s intent may be inferred by the defendant’s conduct. The following conduct may support the inference that the defendant had the intent to rape the victim: breaking into the victim’s home and ordering her to remove her cloths and threatening to hurt her if she doesn’t, physically removing the victim’s cloths etc.
If You Have Been Accused Of, Or Charged With A Sex Offense, Talk Privately for Free with an Experienced Boston Rape Defense Lawyer
Sex offenses are extremely serious criminal charges that can have a devastating and lasting impact on your life if you are convicted. Regardless of the circumstances surrounding your case you have the same rights as anyone else when it comes to the law. We want to hear to your side of the story and will aggressively challenge any evidence that was obtained illegally or that may not be conclusive, and work hard to get your charges reduced or dismissed. Our lawyers are experienced trial lawyers and former prosecutors who know how the system works, and how to get you the best possible outcome in your case.
No matter where you are located, we are just a phone call away. Call our Massachusetts Indecent Assault Lawyers at The Law Offices of Gerald J. Noonan today to schedule your free, no-obligation case review and consultation at (508) 588-0422 and you will have taken your first step to find out how best to confront this important matter. You can also click here to use our Free Case Evaluation Form.