While taking a taxi to school, a 13-year-old girl was forcibly raped by the taxi driver, whom she had previously encountered. After learning about the incident, the girl’s mother reported the driver to the police and he was subsequently convicted at trial for rape and sentenced to 15 years imprisonment at hard labor. At trial, the driver’s defense was one of alibi—a denial of his involvement in the offence.
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.
Marcia Jones was killed by Anthony James Fiebiger and his friend. Fiebiger and his friend decided that they wanted to go to Grandview Park to molest and rape somebody. They encountered Marcia and asked her if she wanted to go with them to the park to smoke marijuana. Once in the park, Fiebiger strangled Marcia until she fell to the ground.
The appellant was convicted of rape under the Combating of Rape, Act 8 of 2000 (the “Act”) in the Regional Court for inserting his finger into the vagina of his friend’s eight-year-old daughter (the “complainant”). This insertion caused bruising to the complainant’s vagina that lasted longer than 72 hours. The complainant’s hymen, however, remained intact. The appellant was sentenced to 15 years in prison, of which five were conditionally suspended.
