Aggravated Rape During the Commission of Other Offenses

There are a few different forms of aggravated rape under Massachusetts General Laws Chapter 265 Section 22 (a). One type of aggravated rape occurs when rape is committed during the commission or attempted commission of some non-sexual offenses. Proceeding under this theory, the prosecutor has to prove the following three elements beyond a reasonable doubt before the defendant can be convicted:

  1. The defendant committed rape. Under Massachusetts law, rape means sexual intercourse or unnatural sexual intercourse by a person with another person who is compelled to submit by force and against her will or by threat of bodily injury.
  2. The defendant committed one of the non-sexual crimes against persons, property or the public peace that are referenced in the statute. These crimes include: assault and battery with a dangerous weapon; assault with a dangerous weapon; robbery; armed robbery; kidnapping; burglary; armed burglary; breaking and entering at night; breaking and entering in the day time; entering without breaking at night; entering a dwelling house without breaking at night; breaking and entering a building, ship or motor vehicle or vessel in the day; carrying dangerous weapons; or possession of a machine gun or sawed-off shotgun.
  3. The defendant committed the rape during the commission of the non-sexual crime.


Aggravated rape is punishable by life or any term of years in state prison. In addition to this severe potential sentence, an aggravated rape conviction will have many other implications. It will cause the offender to be subject to sex offender registration. For life, the offender will have community parole supervision. Needless to say, the offender’s reputation in the community and his or her family life will be damaged. This list of devastating consequences goes on and on.

Speak With an Experienced Criminal Defense Attorney Today at 617.492.3000 or 800.481.6199

If you have been charged with aggravated rape or any other crime in Massachusetts, call the criminal defense practice of Altman & Altman LLP. Our Cambridge-based boutique law firm has some of the very best lawyers that Massachusetts has to offer. Altman & Altman’s criminal defense attorneys have more than four decades of experience. Regardless of the charge against you, our lawyers will use their skill and expertise to defend your rights.

Call the experienced criminal defense attorneys of Altman & Altman at 617.492.3000 or 800.481.6199 toll-free, or contact us online for a free consultation.

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