Rape: Rape is a sexual penetration by force or threat of force without the victim’s consent. It can include penetration of the labia, vagina, anus or mouth and penetration by a penis, a finger or an object. Evidence that the victim “fought back” is not required to prove that a rape occurred, and there need not be serious physical injury. The victim or offender can be either male or female. Most rapes involve victims and offenders who know each other as acquaintances, intimate partners, or spouses.
Aggravated Rape: Aggravated rape, which carries a higher penalty than rape, is rape committed with the use of a weapon, rape that causes serious bodily injury, rape committed by two or more people acting together (even if just one commits the sexual act), and rape committed while possessing a firearm or during the course of another crime, such as assault and battery by means of a dangerous weapon, robbery, kidnapping or burglary.
Indecent Assault and Battery on a Person Over Fourteen: An indecent assault and battery is a deliberate nonconsensual sexual touching of another’s genitals, breasts, buttocks or inner thighs. The victim of this crime is 14 years old or over.
Assault with Intent to Rape: A person who attacks another with intent to commit a rape is guilty of assault with intent to rape. Proof of assault with intent to commit rape is generally shown by some act toward the commission of a rape. Examples include torn clothing or undergarments of the victim, attacker’s statements of intent to rape the victim, and physical injuries to the victim.
An important statute for rape victims to know about is the Massachusetts Rape Shield law. Under this law, a victim’s sexual history may generally not be raised at a rape trial. Some prior sexual conduct of the victim may be admissible if it involved the defendant, would explain a physical condition of the victim, or would demonstrate the victim’s bias against the defendant.
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