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Massachusetts Laws on Rape

Rape consequences:

  • Rape is punishable by life in prison or any other length of years if it causes substantial physical harm or is committed during the commission or attempted commission of certain deadly offenses.

  • Without one of the aforementioned elements, rape is punishable by up to 20 years in state prison. Repeat offenders may receive a sentence of up to life in prison or any other number of years.

  • A minimum of 10 years in state jail are required for those who commit rape while carrying a gun or other assault weapon. Any person who commits a similar offense a second time or later faces a sentence of life in prison or several years, but not less than 15 years.

  • No person serving a sentence for a second or subsequent such offense is eligible for a furlough, temporary release, or education, training, or employment programs established outside of a correctional facility until they have served two-thirds of the minimum sentence, or if they have two or more sentences to be served in a manner other than concurrently, two-thirds of the total minimum terms of those several sentences.

Forcible rape of child:

  • Life in prison or any other period in state custody.

  • A prosecution started by this clause may not be continued or kept on file without a finding.

Statutory rape:

  • Abuse of a child under 16 involves illicit or unnatural sex as well as unlawful sexual activity.

  • imprisonment for life, for a set number of years, or for any other length of time in a jail or correctional facility.

  • A prosecution started following this clause may not be continued or kept on file without a finding.

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