Commonwealth v. Raposo

In Commonwealth v. Raposo (1992) 413 Mass. 182 595 N.E.2d 773, the defendant was convicted of rape as an "accessory before the fact." (Id., 595 N.E.2d at p. 776.) She knew her boyfriend intended to have intercourse with her daughter, and also knew her daughter was unwilling. The boyfriend did so at least twice. At least once, the defendant told him to stop but did nothing beyond that. The defendant eventually took her daughter to a police station, where they gave statements about the abuse. The Commonwealth argued that the defendant had a common law duty to protect her daughter and that her failure to do so was sufficient to make her liable as an accessory. (Ibid.) However, the court reversed her conviction, holding that the relevant statute and Massachusetts case law require an affirmative act before accessory liability may be imposed. (595 N.E.2d at p. 777.) The accessory statute read: " 'Whoever aids in the commission of a felony, or is accessory thereto before the fact by counselling, hiring or otherwise procuring such felony to be committed, shall be punished in the manner provided for the punishment of the principal felon.' " (Commonwealth v. Raposo, supra, 595 N.E.2d at p. 775.)