What is the punishment for rape while armed with dangerous weapon?

Full question:

I live in Massachusetts. Last week, my friend and I were walking along the subway at night. There was no one around and pulled out his gun and threatened me to have sex with him. I had no choice but to do as he demanded as I was scared out of my wits. Can I file a complaint against him for rape and what is the punishment that will be given to him?

• Category: Criminal
• Subcategory: Sex Offfender
• Date: 04/07/2025
• State: Massachusetts

Answer:

In Massachusetts, a person commits rape when he/she intentionally has sexual intercourse against the victim’s will or by compelling the victim to submit through force or threat of injury.

Per Annotated Laws of Massachusetts §24:

“Whoever assaults a person with intent to commit a rape shall be punished by imprisonment in the state prison for not more than twenty years or by imprisonment in a jail or house of correction for not more than two and one-half years; and whoever commits a second or subsequent such offense shall be punished by imprisonment in the state prison for life or for any term of years. Whoever commits any offense described in this section while armed with a firearm, rifle, shotgun, machine gun or assault weapon shall be punished by imprisonment in the state prison for not less than five years. Whoever commits a second or subsequent such offense shall be punished by imprisonment in the state prison for life or for any term of years, but not less than 20 years …”
 

Since your friend assaulted you with an intention to rape, you can file a complaint against him. He may be punished by imprisonment in the state prison for not more than twenty years or by imprisonment in a jail or house of correction for not more than two and one-half years. He may also be punished by imprisonment in the state prison for not less than five years for committing the offense while armed with a gun.