Massachusetts’ rape statute is G.L. c. 265, Sec. 22.
According to that statute, a defendant is guilty of rape if he
- engaged in sexual intercourse with the victim;
- by force or threat of force; and
- against the victim’s will.
Force can be physical or constructive.
Physical force is, of course, self-explanatory.
But the meaning of “constructive force” is far less clear.
Here is how the SJC defines it.
actual force is applied to the body, constructive force is by threatening words or gestures and operates on the mind and may arise from the circumstances or fear in which the victim is placed, the impact of those circumstances or fear on the victim’s power to resist and the defendant’s conduct. (Citations and quotations omitted.)
This week, the SJC ruled that an alleged rape victim’s fear does not need to be reasonable for constructive force to exist. Subjective fear alone is sufficient.
According to the SJC,
What is paramount is that the rape statute, G. L. c. 265, 12 § 22, does not require that the victim’s fear be objectively reasonable…[T]he statute protects all victims who submit out of fear or intimidation, even if a hypothetical reasonable person might not have been frightened under the same circumstances. (Citations omitted.)
The full text of the slip opinion is attached below.