Assault with Intent to Commit Rape

Assault with intent to commit rape is a crime governed by Massachusetts General Laws Chapter 265 Section 24. A prosecutor must prove the following two elements beyond a reasonable doubt before a defendant can be convicted of this crime:

  1. The defendant assaulted another person. In criminal law, an assault is an attempted battery or an unlawful act that puts another person in reasonable fear of an immediate battery.
  2. At the time of the assault, the defendant had the specific intent to rape that person. In Massachusetts, rape is defined as sexual intercourse or unnatural sexual intercourse by a person with another person who is compelled to submit by force and against his will or by threat of bodily injury, or sexual intercourse or unnatural sexual intercourse with a child under 16. The prosecutor can satisfy this element by proving that the defendant contemplated and decided to rape. It doesn’t matter how fleeting the contemplation was, and it can even be momentary.


Assault with intent to commit rape is a serious crime, and the penalties reflect that. It is punishable by up to 20 years in state prison or up to two and one-half years in a jail or house of correction. A second or subsequent offense is punishable by up to life in state prison. Assault with intent to rape while armed with a firearm, rifle, shotgun, machine gun or assault weapon carries a mandatory minimum sentence of five years in state prison, and a second or subsequent such offense carries a 20-year mandatory minimum.

Assault & Battery Criminal Defense Representation at the Law Firm of Altman & Altman, LLP

At the Greater Boston Law Firm of Altman & Altman, LLP, we have been providing outstanding legal services to clients throughout the Commonwealth of Massachusetts for over forty years. Our criminal defense team possesses the skill and knowledge that can only come with decades of experience. At the core of our practice is the personalized attention we provide to our clients at every stage of our representation. Our team of highly-talented professionals approaches every case with a thorough understanding of the both the law and our clients’ needs.

Having legal representation is important during each phase of the legal process – not just at trial. Whether you have been arrested, are facing an arraignment, are being investigated, or are being questioned by the police, our dedicated Criminal Defense Lawyers will aggressively defend your rights. We will stand by your side throughout the process and will fully explain all of your legal options in order to help you navigate these difficult waters.

If you are facing charges of Assault with Intent to Commit Rape, please Contact the MA law firm of Altman & Altman to schedule a Free Initial Consultation with one of our criminal defense attorneys. During this free of charge initial meeting, our skilled MA Assault & Battery criminal defense lawyers will fully explain your legal options and will field any legal questions you may have. All consultations are completely confidential.

Our phones are answered twenty four hours a day, seven days a week – including evenings and weekends. In addition to being available by phone around the clock, all emails received by the firm are responded to immediately.

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