Sexual Assault

There is no crime called “sexual assault” in Massachusetts; however, there are related crimes of “indecent assault and battery,” “rape,” and “assault with intent to commit rape.”

Indecent Assault and Battery is a crime under M.G.L. chapter 265:

§    13B (Indecent assault and battery on a child under the age of fourteen);
§    13B 1/2 (Commission of indecent assault and battery on a child under the age of fourteen during commission of certain other offenses or by mandated reporters);
§    13B 3/4 Commission of indecent assault and battery on a child under the age of fourteen by certain previously convicted offenders);
§    13F (Indecent assault and battery on a person with an intellectual disability); and
§    13H (Indecent assault and battery on a person fourteen or older).

The term “indecent assault and battery” is not defined by statute.

Rape is a crime under M.G.L. chapter 265:

§ 22 (Rape, generally: “Whoever has sexual intercourse or unnatural sexual intercourse with a person and compels such person to submit by force and against his will, or compels such person to submit by threat of bodily injury . . . ”);
§    22A (Rape of a child: “Whoever has sexual intercourse or unnatural sexual intercourse with a child under 16, and compels such child to submit by force and against his will or compels such child to submit by threat of bodily injury . . . ”);
§    22B (Rape of a child during commission of certain offenses or by use of force: “Whoever has sexual intercourse or unnatural sexual intercourse with a child under 16, and compels such child to submit by force and against his will or compels such child to submit by threat of bodily injury and . . . “);
§    22C (Rape of a child through use of force by certain previously convicted offenders: “Whoever has sexual intercourse or unnatural sexual intercourse with a child under 16, and compels such child to submit by force and against his will or compels such child to submit by threat of bodily injury, and has been previously convicted of or adjudicated delinquent or as a youthful offender for . . . ”);
§    23 (Rape and abuse of child: “Whoever unlawfully has sexual intercourse or unnatural sexual intercourse, and abuses a child under 16 years of age . . . ”);
§    23A (Rape and abuse of child aggravated by age difference between defendant and victim or when committed by mandated reporters: “Whoever unlawfully has sexual intercourse or unnatural sexual intercourse, and abuses a child under 16 years of age and . . . ”); and
§    23B (Rape and abuse of a child by certain previously convicted offenders: “Whoever unlawfully has sexual intercourse or unnatural sexual intercourse, and abuses a child under 16 years of age and has been previously convicted of or adjudicated delinquent or as a youthful offender for . . . ”).

Assault with intent to commit rape is a crime under M.G.L. c. 265, § 24. “Assault with intent to commit rape” is not defined by statute.