A Boston Globe analysis of 305 rape convictions from 2001 to June, 30, 2013 found defendants avoided prison about 14 percent of the time. The 42 cases included two defendants who had a record of either “repetitive” or “violent” convictions, and three had a “serious record.” Another 30 had either never been convicted of a crime or had been convicted of minor offenses.
“If you look at any other violent, serious felony, this would never happen,” said Colby Bruno, a victim rights attorney in Boston. Massachusetts sentencing guidelines recommend a minimum sentence of five years for anyone convicted of rape. Data showed convicted rapists who were incarcerated were typically sentenced to between five and 10 years, and those with long criminal histories usually got longer terms.