Massachusetts G.L. c. 265, § 22B: Aggravated Rape of a Child With Force
If your charging documents reference G.L. c. 265, § 22B, you are facing one of the most serious felony charges in Massachusetts, carrying a mandatory minimum 15-year state prison sentence. Understanding what the prosecution must prove is critical.
Understanding exactly what the Commonwealth must prove, and what defenses may be available, is critical from the earliest possible stage of your case.
Call (978) 969-2890 for a free consultation.
Understanding Your Charges and Your Options
Being charged under this statute is devastating, and this is among the most serious felony charges under Massachusetts law. We understand these situations are often far more complicated than they appear. For over 30 years, we have helped people facing serious felony charges understand their options and work toward the best possible outcome.
Call (978) 969-2890 for a free consultation.
Call (978) 969-2890 for a free consultation.
What Does G.L. c. 265, § 22B Prohibit?
Massachusetts G.L. c. 265, § 22B applies to the same underlying conduct as G.L. c. 265, § 22A, but requires proof that the alleged conduct was accompanied by at least one of several specific aggravating circumstances defined in the statute. This makes it a distinct and far more serious felony offense than the underlying charge alone.
The statute defines the aggravating circumstances narrowly and specifically. They include commission during certain other listed offenses, resulting in substantial bodily injury, restraint of the alleged victim, involuntary administration of alcohol or a controlled substance, joint enterprise, and knowing exposure to sexually transmitted disease risk. Each is legally distinct and must be proven independently.
As with the underlying charge, a person under 16 is legally incapable of consenting to sexual intercourse, and consent by the alleged victim is not a defense. A reasonable but mistaken belief that the alleged victim was 16 or older is also not a defense.
This charge carries a mandatory minimum sentence and cannot be continued without a finding or placed on file.
What the Prosecution Must Prove
To convict you of this offense, the Commonwealth must prove each of the following beyond a reasonable doubt:
Sexual Intercourse or Unnatural Sexual Intercourse : You had sexual intercourse or unnatural sexual intercourse with the alleged victim.
The Alleged Victim Was Under 16 : At the time of the alleged act, the alleged victim was under 16 years of age.
Compulsion by Force or Threat : The alleged victim was compelled to submit by force and against their will, or by threat of bodily injury.
At Least One Statutory Aggravating Circumstance : At least one of the following was also present: the offense was committed during certain other listed felonies, resulted in substantial bodily injury, involved restraining the victim, involved involuntary administration of alcohol or a controlled substance, was committed by joint enterprise, or was committed in a manner exposing the victim to a known risk of sexually transmitted disease.
The Commonwealth must prove ALL of these elements, including at least one qualifying aggravating circumstance. Whether the specific facts of your case actually meet the statute's narrow definitions of these aggravating circumstances is often a critical, closely contested issue.
Sexual Intercourse or Unnatural Sexual Intercourse : You had sexual intercourse or unnatural sexual intercourse with the alleged victim.
The Alleged Victim Was Under 16 : At the time of the alleged act, the alleged victim was under 16 years of age.
Compulsion by Force or Threat : The alleged victim was compelled to submit by force and against their will, or by threat of bodily injury.
At Least One Statutory Aggravating Circumstance : At least one of the following was also present: the offense was committed during certain other listed felonies, resulted in substantial bodily injury, involved restraining the victim, involved involuntary administration of alcohol or a controlled substance, was committed by joint enterprise, or was committed in a manner exposing the victim to a known risk of sexually transmitted disease.
The Commonwealth must prove ALL of these elements, including at least one qualifying aggravating circumstance. Whether the specific facts of your case actually meet the statute's narrow definitions of these aggravating circumstances is often a critical, closely contested issue.
Penalties Under Massachusetts Law
This offense carries one of the most severe mandatory minimum sentences in Massachusetts law.
Penalty
● Life or any term of years in state prison, but not less than 15 years
● Upon conviction, the sentence cannot be reduced below 15 years, suspended, or served on probation, parole, or work release, and no deduction for good conduct applies until the 15-year mandatory minimum is served
● This charge cannot be continued without a finding or placed on file
● Both fine and imprisonment possible
● Upon conviction, the sentence cannot be reduced below 15 years, suspended, or served on probation, parole, or work release, and no deduction for good conduct applies until the 15-year mandatory minimum is served
● This charge cannot be continued without a finding or placed on file
● Both fine and imprisonment possible
Collateral Consequences
● Mandatory sex offender registration
● A permanent felony record
● Severe immigration consequences for non-citizens, including near-certain deportation
● Loss of the right to possess firearms
● Significant impact on custody and family court proceedings
● Difficulty obtaining housing
● A near-certain motion to hold you without bail at arraignment given the seriousness of the charge
● A permanent felony record
● Severe immigration consequences for non-citizens, including near-certain deportation
● Loss of the right to possess firearms
● Significant impact on custody and family court proceedings
● Difficulty obtaining housing
● A near-certain motion to hold you without bail at arraignment given the seriousness of the charge
Related Criminal Charges
● G.L. c. 265, § 22A: Rape of a Child With Force : A lesser included offense if the Commonwealth cannot prove a qualifying aggravating circumstance
● G.L. c. 265, § 23: Rape of a Child (Statutory Rape) : A further lesser included offense if the Commonwealth cannot prove the force element either
● G.L. c. 265, § 22C: Rape of a Child With Force by Previously Convicted Offenders : A separate, additional charge with its own penalty structure if you have a qualifying prior conviction
● G.L. c. 265, § 26: Kidnapping : Sometimes charged alongside this offense, and is itself one of the offenses that can qualify as an aggravating circumstance
● G.L. c. 272, § 29A: Posing or Exhibiting a Child in Nudity or Sexual Conduct, a separate charge if visual material of the alleged conduct was also created, and is itself listed as a qualifying predicate offense under this statute
Related Practice Area: Our Sex Crimes Defense Practice Area Overview
● G.L. c. 265, § 23: Rape of a Child (Statutory Rape) : A further lesser included offense if the Commonwealth cannot prove the force element either
● G.L. c. 265, § 22C: Rape of a Child With Force by Previously Convicted Offenders : A separate, additional charge with its own penalty structure if you have a qualifying prior conviction
● G.L. c. 265, § 26: Kidnapping : Sometimes charged alongside this offense, and is itself one of the offenses that can qualify as an aggravating circumstance
● G.L. c. 272, § 29A: Posing or Exhibiting a Child in Nudity or Sexual Conduct, a separate charge if visual material of the alleged conduct was also created, and is itself listed as a qualifying predicate offense under this statute
Related Practice Area: Our Sex Crimes Defense Practice Area Overview
Defending Against Aggravated Rape of a Child Charges
The severity of this charge does not mean it cannot be defended. Because the Commonwealth must prove a qualifying aggravating circumstance in addition to the underlying conduct, there is often more than one avenue to challenge the case.
A key defense involves closely examining whether the specific aggravating circumstance the Commonwealth alleges actually meets the statute's narrow legal definition. These are precise, technical requirements, and the facts of your case may not actually satisfy them even if the underlying conduct is alleged.
We also examine whether the force element and the underlying conduct itself can actually be proven, and scrutinize the reliability of how the allegation arose, including the circumstances of any interview or investigation.
Given the severity of this charge and its mandatory minimum sentence, immediate and thorough investigation from the earliest possible stage is essential.
A key defense involves closely examining whether the specific aggravating circumstance the Commonwealth alleges actually meets the statute's narrow legal definition. These are precise, technical requirements, and the facts of your case may not actually satisfy them even if the underlying conduct is alleged.
We also examine whether the force element and the underlying conduct itself can actually be proven, and scrutinize the reliability of how the allegation arose, including the circumstances of any interview or investigation.
Given the severity of this charge and its mandatory minimum sentence, immediate and thorough investigation from the earliest possible stage is essential.
What To Do Right Now
If you have been charged under G.L. c. 265, § 22B, taking the right steps immediately can make a significant difference in your case.
● Do not talk to police without a lawyer present
● Do not discuss your case with anyone except your attorney
● Do not post anything about your case on social media
● Preserve any evidence that might help your defense
● Write down everything you remember while it is fresh
Contact an experienced Massachusetts criminal defense attorney immediately.
Call (978) 969-2890. We answer 24/7.
● Do not talk to police without a lawyer present
● Do not discuss your case with anyone except your attorney
● Do not post anything about your case on social media
● Preserve any evidence that might help your defense
● Write down everything you remember while it is fresh
Contact an experienced Massachusetts criminal defense attorney immediately.
Call (978) 969-2890. We answer 24/7.
We're Here To Help
This charge carries one of the most severe mandatory minimum sentences in Massachusetts law. Experienced legal representation from the earliest possible stage is essential.
For over 30 years, we have defended serious felony charges throughout Massachusetts. A free consultation gives you the opportunity to understand your charges and options. Go here if you want to know why working with us is the right choice.
Call 978-969-2890 for a free consultation. Serving Essex County, Middlesex County, and Suffolk County.
H. Ernest Stone, Attorney PC
900 Cummings Center, Suite 321-U
Beverly, MA 01915
Phones answered 24/7 by a real person.
For over 30 years, we have defended serious felony charges throughout Massachusetts. A free consultation gives you the opportunity to understand your charges and options. Go here if you want to know why working with us is the right choice.
Call 978-969-2890 for a free consultation. Serving Essex County, Middlesex County, and Suffolk County.
H. Ernest Stone, Attorney PC
900 Cummings Center, Suite 321-U
Beverly, MA 01915
Phones answered 24/7 by a real person.
We'll Get You Through the Storm
Contact our team today for a free consultation. We are available 24/7.
