Today the Supreme Judicial Court ruled that the charge of rape (M.G.L. c. 265, § 22) qualifies as a “predicate offense” for pretrial detention under M.G.L. c. 276, § 58A:
General Laws 276, § 58A (1) (§ 58A or force clause), permits the pretrial detention of a defendant charged with a felony offense that has as an element “the use, attempted use or threatened use of physical force against the person of another.” The question in this case is whether rape, G. L. c. 265, § 22 (§ 22), qualifies as a predicate offense under the force clause of the pretrial detention statute. Because rape is a crime of physical violence requiring unwanted forceful penetration of another person, we hold that it does qualify.
The full text of the opinion is attached below.