{"id":374018,"date":"2016-03-31T21:35:32","date_gmt":"2016-04-01T02:35:32","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/massachusetts-law\/massachusetts-rape-laws.html"},"modified":"2016-06-20T00:00:00","modified_gmt":"2016-06-20T05:00:00","slug":"massachusetts-rape-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/massachusetts-law\/massachusetts-rape-laws.html","title":{"rendered":"Massachusetts Rape Laws"},"content":{"rendered":"\n
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Massachusetts Rape Laws<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

In Massachusetts, rape<\/a> means the penetration of any bodily orifice by any part of the body, or by an object, performed against the victim’s will, without consent, and with the threat of or actual use of force. If the defendant is armed with a firearm, rifle, shotgun, machine-gun or assault weapon, the penalties are even worse.<\/p>\r\n

What If It Isn’t ‘Forcible’ Rape?<\/h2>\r\n

Physically forcing a victim to have sexual intercourse isn’t the only way rape can happen. If a person\/victim can’t give consent for some reason such as unconsciousness, intoxication or mental impairment, that would also be classified as rape.<\/p>\r\n

Relationship To The Victim<\/h2>\r\n

Rape isn’t only committed by strangers down dark alleyways. While the popular myth of stranger-rape does happen, it is more commonly committed by someone you know. Rape can happen between persons with an established dating relationship or even between partners and married individuals. The law doesn’t distinguish between the type of relationship you are in with the defendant or victim. Simply that you had sex with a person without their consent.<\/p>\r\n

Does Massachusetts Have a Sex Offender Registry?<\/h2>\r\n

Rape is a sex crime that will land the offender in prison and likely on the Massachusetts Sex Offender Registry Board.<\/p>\r\n

The following table highlights the main provisions of Massachusetts rape laws. See also Statutory Rape<\/a>, and Sex Offenders and Sex Offenses<\/a>.<\/p>\r\n\r\n
Code Sections<\/b><\/td>\r\n

MGL: Chapter 265, Section 22<\/a><\/p>\r\n<\/td>\r\n<\/tr>

Elements of Rape\/Sexual Assault<\/b><\/td>\r\n

3 (Three) elements<\/b><\/p>\r\n

1) Penetration of ANY bodily orifice by ANY body part or by ANY object,<\/p>\r\n

2) Against a person\u2019s will, or without consent,<\/p>\r\n

and<\/p>\r\n

3 ) With threat of or actual use of force.<\/p>\r\n<\/td>\r\n<\/tr>

Penalty<\/b><\/td>\r\n

Up to 20 years in a state prison along with probation, GPS monitoring, fines, and a lifetime being listed on the sex offender list at the Massachusetts Sex Offender Registry Board<\/a>.<\/p>\r\n<\/td>\r\n<\/tr>

Sexual Intercourse<\/b><\/td>\r\n

Penetration (anal, oral or vaginal) by a penis, tongue, finger, or an inanimate object.<\/p>\r\n<\/td>\r\n<\/tr>

Mandatory Sex Registration?<\/b><\/td>\r\n

Yes, if convicted. Sex offenders who intentionally do not comply with the mandatory registration requirements by failing to register or providing false information face serious consequences, including returning to prison or jail.<\/p>\r\n<\/td>\r\n<\/tr>

 <\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Resources<\/h2>\r\n

If you or someone you know has been raped or sexually assaulted contact any of the following resources:<\/p>\r\n