In Campbell v. Commonwealth, the Massachusetts Supreme Judicial Court held that rape under G.L. c. 265, § 22 qualifies as a predicate offense under the “force clause” of the pretrial detention statute, G.L. c. 276, § 58A.
The defendant appealed a 12-year prison sentence, arguing that his sentence was excessive given that there was no evidence he used violent force or penile penetration.
In the case Nelson v. Commonwealth, the appellant, who was dating the 14-year-old victim’s cousin, showed the victim an explicit picture of his genitals and later touched her genitals while she slept. The appellant was convicted of aggravated sexual battery in the trial court, and he appealed, arguing that the evidence was insufficient to prove the element of force. Aggravated sexual battery requires proving that the accused intentionally sexually molested a victim who is between 13 and 15 years old through nonconsensual force.
The victim and her husband lived with the appellant and the appellant’s girlfriend. The victim, accompanied by her sister, came home and knocked on the door to be let in because the door was latched. The appellant opened the door, and then he grabbed the victim’s breasts and twisted “as hard as he could” for about a minute. The appellant was charged and convicted of sexual battery, which requires proving that the accused sexually abused someone with nonconsensual force. On appeal, he contended that the evidence did not support finding that the force requirement was met.
