An Assault is defined as an attempt or offer by one person to do bodily injury to another by force and violence or putting another person in fear of immediate bodily injury.
Rape is commonly defined as unwanted or non-consensual sexual intercourse. Under Massachusetts criminal law, the crime of Assault with Intent to Commit Rape is a felony sex offense and may be found at Massachusetts General Laws, Chapter 265, Section 24.
If the offense involves a child go to: Assault of Child with Intent to Commit Rape
Legal Elements ofAssault with Intent to Commit Rape
In order to be found guilty of Assault with Intent to Commit Rape under Massachusetts criminal law, there must be strong evidence of the following two legal elements:
- that the defendant assaulted the complainant;
- that the defendant possessed a specific intent at the time of the assault to rape the complainant.
What Conduct is Necessary to Commit this Crime
The crime of an assault with intent to commit rape is committed when the defendant uses force or violence on another person without that person’s consent, but the act of sexual intercourse is not completed.
The defendant need not have actually raped the complainant.
An assault committed in one of the two ways on the complainant with the intent of rape occurring is what is needed.
This means if the defendant intended to physically harm the complainant or did an act toward the commission of inflicting that harm and came close to accomplishing the harm or if the defendant intended to cause apprehension of imminent bodily harm through threatened conduct which the complainant perceived as a risk of imminent bodily harm than an assault occurred.
Potential Punishment if Convicted of Assault with Intent to Commit Rape in Massachusetts
The potential consequences for Assault with Intent to Commit Rape in Massachusetts, if convicted, in the Commonwealth may be found at Massachusetts General Laws, Chapter 265, Section 24.
A defendant convicted of Assault with Intent to Commit Rape shall be sentenced to a term in state prison that does not exceed 20 years, or in a jail or house of corrections for not more than 2 ½ years.
Furthermore, if the defendant committed this crime while armed, they will face a mandatory minimum of five years.
Because Assault with Intent to Commit Rape is a sex offense, convicted offenders must also comply with statutory sex offender registration and treatment requirements.
If you have been charged with Assault with Intent to Commit Rape and need experienced Massachusetts Assault Defense Attorneys call (508) 213-9113 to schedule a free consultation with the Law Offices of John L. Calcagni III.