Forcible Rape of a Child Under the Age of Sixteen
Boston Sex Offense Criminal Defense Attorneys
Our knowledgeable and experienced Massachusetts Sex Offense 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.
The forcible rape of a child under the age of sixteen is a serious felony crime under Massachusetts General laws Chapter 265 Section 22A. The prosecutor must prove the following three elements beyond a reasonable doubt in order to obtain a conviction:
- The defendant had sexual intercourse or unnatural sexual intercourse;
- With a child under the age of 16;
- The Defendant employed force or threat of bodily injury, overcoming the will of the child.
In order to prove the element of sexual intercourse the prosecution must prove that some form of penetration took place. With regards to a female child, penetration is proven by evidence showing the defendant touched the alleged victim’s vagina or labia. As a result, actual penetration isn’t required if contact was made with the labia or vulva. Unnatural sexual intercourse doesn’t require a penetration of the child if the child is compelled to perform oral or anal intercourse.
Statutory Rape vs. Forcible Rape
With statutory rape, the prosecution only needs to prove the defendant had natural or unnatural intercourse with a child under age sixteen. Contrast this with forcible rape where the prosecution must show that the defendant used force or threats of bodily injury to get a child under age sixteen to have intercourse against his or her will. Whether or not the child consented, and whether force or threats of bodily injury where employed, are the main elements the prosecution has to prove in a prosecution for forcible rape of a child.
If You Have Been Accused Of, Or Charged With A Sex Offense, Talk Privately for Free with an Experienced 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 Brockton, Massachusetts Sex Crimes Defense Attorneys 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.
Our knowledgeable and experienced New Bedford Child Rape Lawyer at The Law Offices of Gerald J. Noonan is available to assist clients throughout all of Massachusetts, including but not limited to Plymouth County including Brockton, Abington, Bridgewater, Whitman, Hanson, Hingham, Wareham, Halifax, Middleborough, Rockland, Lakeville, Holbrook, Avon, Kingston, Pembroke, Plympton, Pembroke, Hanover, Carver, Duxbury, Marshfield, Norwell, Hanover, Scituate, East/West Bridgewater, Rochester, Marion, Mattapoisett; Norfolk County including Quincy, Stoughton, Dedham, Weymouth, Braintree, Avon, Holbrook, Randolph, Canton, Sharon, Wrentham, Foxborough, Franklin, Walpole, Needham, Walpole, Brookline, Dover, Medway, Medfield, Millis, Milton, Norwood, Plainville, Wellesley, Westwood; Bristol County including New Bedford, Fall River, Taunton, Attleboro, Mansfield, Easton, Raynham, Norton, Easton, Westport, Berkley, Freetown, Somerset, Rehobeth, Dighton, Mansfield, Freetown, Swansea Acushnet Cape Cod, Falmouth, Barnstable. Middlesex County including Cambridge, Lowell, Somerville, Newton, Framingham, Malden, Chelsea, Everett, Arlington, Medford and Waltham;and the Greater Boston area including South Boston, Worcester, Framingham, Woburn, Lynn, Lawrence, Salem, Dedham, Revere, Dorchester and Roxbury.