Forcible Rape of a Child Under the Age of Sixteen

Boston Area, Brockton Sex Offense Criminal Defense Attorneys

Our knowledgeable and experienced Massachusetts Sex Offense attorneys at The Noonan Defense Firm 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.

College Student Crimes Defense LawyerThe 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 Boston area sex crimes defense law firm today to schedule your free,  no-obligation case review and consultation at (508) 584-6955 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 Boston Rape of a Minor lawyer at The Noonan Defense Firm is available to assist clients throughout all of Massachusetts, including but not limited to Plymouth County including Brockton, Plymouth, Bridgewater, Marshfield, Hingham, Duxbury, Scituate, Hanover, Wareham, Abington, Rockland, Whitman, Hanson, Holbrook, Kingston, Middleborough; Norfolk County including Quincy, Stoughton, Dedham, Weymouth, Braintree, Avon, Holbrook, Randolph, Canton, Sharon, Brookline, Franklin; Bristol County including New Bedford, Fall River, Taunton, Attleboro, Dartmouth, Westport, Mansfield, Easton, Raynham, Lakeville, Norton; Cape Cod, Falmouth, Barnstable.

Related posts:

MA Criminal Law - Penalities for Rape of Child During Commission of a Crime
If you are being investigated or have been charged with any sex offense, call our law offices today to get the experienced legal help you need. ...
Lewd Conduct and Indecent Exposure
Although the penalties for indecent exposure may seem minor, it's possible for a conviction on this count to land you in the national sex offende...
Solicitation
In Massachusetts, soliciting the services of a prostitute is punishable by up to a year in jail and a fine of up to $500. The penalty of serving...
Indecent Exposure
Indecent exposure is a crime governed by Massachusetts General Laws Chapter 272 Section 53. Indecent exposure is a misdemeanor offense unlike ope...
Assault with the Intent to Rape
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 t...
Assault with the Intent to Rape a Child under 16
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...
Aggravated Rape Defense Lawyers In Massachusetts
Rape is an extremely serious crime. A conviction for aggravated rape can carry a life sentence. Rape charges also have a tendency to play with th...
Dissemination or Possession of Obscene Matter
The word “matter” means any of the following: movies, prints, visual or sound recordings, photographs, computer files, jpegs, mp3, magazine, visu...