Campbell v. Commonwealth, 494 Mass. 750 (2024)

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 was charged with raping multiple women after allegedly posing as a rideshare driver. He challenged his pretrial detention on the grounds that rape was not a qualifying offense under the statute. The Court applied the categorical approach and concluded that rape inherently involves physical force because it requires forceful, non-consensual penetration. The Court distinguished rape from offenses like statutory rape and indecent assault and battery on a child, which may not require force as an element. The Court emphasized that even when rape is accomplished through constructive force or where the victim is incapacitated, the act of unwanted penetration remains a violent physical act. The lower court’s decision was affirmed; denying bail, and ruling that rape is a crime of violence subject to pretrial detention under the force clause.