Assault with Intent to Commit Rape

Assault with intent to commit rape is an extremely serious crime in this state. Prosecutors and District Attorneys’ Offices view this offense as likely indicator that the person charged is the type of person who, if let off the hook lightly, will probably engage in some sex crime in the future.

Because of this, prosecutors approach these charges very seriously. If you or someone you care about has been charged with this crime, you’re going to need a very experienced, talented, results-proven Massachusetts sex crimes defense lawyer. Since you’re visiting our web site to learn about this crime, it’s possible that you may have already been arrested for this offense, or fear that you are being investigated by police and that you might be arrested for this crime in the near future. Either way, click on the “Free Arrest Tip Sheet” to the left of this page, to download a FREE list of tips on how to handle the immediate aftermath of an arrest in Massachusetts.

This crime is governed by Massachusetts General Laws Chapter 265 Section 24. In order to convict a defendant on this charge, the prosecution must prove the two legal elements below beyond a reasonable doubt:

1) That the defendant committed an assault against another person. As our Assault and Battery Overview page makes clear, an assault is an attempted battery of another person, or some other illegal act that places another person in reasonable apprehension of imminent and unwanted physical contact.

2) That at the time of the alleged assault, the defendant possessed the specific intent to rape the alleged victim. 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 prosecution can satisfy the legal element of intent by proving that the defendant premeditated and intended to commit rape. In satisfying this legal element, it is immaterial how brief the premeditation was. It could be fleeting.

As emphasized at the top of this page, Assault With Intent To Commit Rape is an extremely serious crime, and the penalties following a conviction of this crime reflect this. If convicted, a defendant can be punished by imprisonment in state prison for a maximum of 20 years, or a maximum of 2 ½ years in a County Jail/House Of Correction. A second or subsequent conviction is punishable by up to life in state prison. If a defendant is convicted of committing this crime while armed with any firearm, such as handgun, shotgun, rifle or an assault weapon, the punishment carries a mandatory minimum prison sentence of five years in state prison. Upon conviction of a second or subsequent charge of Assault With Intent To Commit Rape While Armed, the sentence carries a mandatory minimum prison term of 20 years.

At the Law Offices of William D. Kickham and Associates, we have over 25 years’ experience in successfully defending charges of Assault With Intent To Rape, as well as a variety of other Massachusetts sex crime charges. As a former Special Assistant District Attorney, Attorney William D. Kickham knows how prosecutors approach these charges, and he knows how to exploit weaknesses in the prosecution’s case against you. With Attorney William D. Kickham standing in front of you, you will benefit from the best legal defense possible. Call us at Ph.: (781) 320-0062, or Ph.: (617) 285-3600, and we’ll provide you with a free initial consultation. Or click here for a free consultation.

In every criminal case, there is a time to get tough, and a time to do just the opposite. A time to advocate aggressively and forcefully; a time to just listen. A time to do what the prosecution expects; a time to surprise them. We take advantage of every strategy legally possible, to maximize your legal advantage. We know exactly how to successfully defend these cases. We know that your future is at stake, and we don’t take it lightly.

Click on our Proven Results Page to see a partial sampling of what our criminal defense clients have had to say about Attorney William Kickham. Or click on Attorney Kickham’s Professional Avvo rating

Call us at Ph.: (781) 320-0062, or Ph.: (617) 285-3600, and we’ll provide you with a free initial consultation for 20 minutes . Or click here for a free consultation. We will review all police reports involved, review the facts, and give you our frank opinion about your case. We will tell you upfront what the weak and strong points are in your case, and we’ll explain exactly how we can help you. We will do all of this as part of a free initial consultation for 20 minutes, and from that point you’ll be under no obligation. You have nothing to lose, and everything to gain, by calling us. The sooner we can begin defending you as your attorney, the better off you are going to be.

We represent our clients before all District and Superior Courts in Eastern Massachusetts.

Westwood and Boston, Massachusetts criminal defense lawyer William D. Kickham has appeared as a legal analyst on a variety of respected media, including Court TV (now In Session on HLN,) Fox News TV-25/Boston, The Boston Herald, WBZ-AM Radio 1030,  WCVB-TV5/Boston, Nightside With Dan Rea, Greater Boston With Emily Rooney, Money Matters Radio/Boston, and The Metro Newspaper/Boston. Attorney William D. Kickham is turned to by respected reporters and media organizations in Massachusetts as an authoritative expert in the field of criminal defense law, and the case results he produces for his clients attest to this. Call us today at Ph.: (781) 320-0062, or Ph.: (617) 285-3600, to arrange for a free initial consultation of your case. If the matter is not an emergency, you can email us here for a free initial consult and we will respond to you very promptly.