Sexual Assault Laws in Massachusetts

Sexual assault crimes carry different penalties. If you have been charged with sexual assault — or you are being investigated for a sex crime — it is important to understand the potential penalties. The defense attorneys of Sweeney & Associates, LLC in Massachusetts can evaluate your case and provide critically important representation to help you deal aggressively with whatever penalties you face.

Talk to us about your case. We offer a free, confidential consultation. Our Quincy attorneys can answer your specific questions.

Massachusetts law prescribes the following penalties for various sex crimes:

• MGL c.265, s.22: Rape - Punishable by up to 20 years in state prison, subsequent conviction for the offense is punishable up to life in state prison. 
• MGL c.265, s.22A: Aggravated Rape - Rape that results in serious bodily injury is punishable by up to life in state prison. 
• MGL c.265, s.22B: Aggravated Statutory Rape - Punishable by a mandatory minimum sentence of 10 years in state prison and up to a life sentence. 
  • Aggravated factors include:
    • an age gap of more than five years between the defendant and a victim under twelve years old,
    • an age gap of more than ten years between the defendant and a victim under sixteen years old, 
    • or if the defendant is a mandated reporter (such as the child’s teacher, doctor, counselor, or childcare worker).
• MGL c.265, s. 23-23B: Statutory Rape - Any sexual intercourse with a child under the age of 16 is punishable by up to a life sentence in state prison.
• MGL c.265, s.13F: Indecent Assault and Battery on a Person With an Intellectual Disability - Punishable by a mandatory minimum of 5 years and a maximum of 10 years in state prison. A second offense carries a mandatory minimum of 10 years in state prison. 
• MGL c.265, s.13H: Indecent Assault and Battery on a Person over 14 - Punishable by up to up to 5 years in state prison or up to 10 years if the victim is over 60 or disabled.
• MGL c.265, s. 13B-13B-3/4: Indecent Assault and Battery on a Child under 14 - Punishable by imprisonment in the state prison for not more than 10 years, or by imprisonment in the house of correction for not more than 21/2 years.
  • If the child is assaulted by a mandated reporter - or during the commission of a felony it is punishable by a mandatory minimum of 10 years in state prison and a potential life sentence.
• MGL c.265, s.24: Assault with Intent to Rape - Punishable by up to 20 years in state prison and a subsequent offense is punishable up to life in state prison. 
• MGL c.265, s.24B: Assault of a Child under 16 with Intent to Rape - Punishable by a mandatory minimum of 5 years in state prison and up to life for a subsequent offense. 
• MGL c.272, s.3: Drugging Persons for Sexual Intercourse - Punishable by a mandatory minimum sentence of 10 years in prison and up to life in state prison. 
• MGL c.272, s.16: Open and gross lewdness - Up to three years in state prison or up to two years in jail
• MGL c.272, s.35A: Unnatural and lascivious acts with a child under 16 - Up to five years in state prison or up to 2.5 years in jail
• MGL c.272, s.53: Indecent exposure - Up to six months in jail
• MGL c.272, s.17: Incestuous marriage or intercourse - Up to 20 years in state prison or up to 2.5 years in jail

Depending on the charge, different aggravating factors will invoke mandatory minimum sentencing and enhance the penalties that you face. Aggravating factors include use of a firearm, committing the sex crime during a kidnapping or burglary, or being charged with a subsequent offense.

You can be charged with committing a subsequent offense even if your first conviction was for a different sex crime. For example, if you have a previous conviction for indecent assault and battery on a child under 14 and then are charged with statutory rape years later, you will still be charged as having committed a subsequent offense, and you will face mandatory minimum sentencing.

Contact Our Team Today!

Every case is different. Get the advice you need regarding your case. Contact Sweeney and Associates, LLC, today and request a free and confidential case evaluation. The sooner you speak with our Quincy sex crimes lawyers, the sooner we can get started on defending you against severe penalties.