Life Term for Serial Rapist

BOSTON, Jan. 23, 2015—A 65-year-old serial rapist will likely spend the rest of his life in prison after he was sentenced yesterday as a repeat sexual offender, Suffolk County District Attorney Daniel F. Conley said today.

WESTLEY CAIN (D.O.B. 5/30/49) of Dorchester was found guilty on Dec. 22 of two counts of rape after a trial before a Suffolk Superior Court jury.  Because Cain previously served lengthy state prison sentences for convictions for raping four women and other violent offenses, Suffolk prosecutors sought a second trial in order to secure enhanced sentences for rape as a subsequent offense and as a habitual offender. That trial was held on Dec. 20, and Judge Charles Hely found him guilty on both counts.

At the request of Assistant District Attorney Amy Martin of the DA’s Sexual Assault Unit, Hely sentenced Cain yesterday to the mandatory maximum sentence of 20 years for his conviction of rape as a habitual offender and a concurrent sentence of 15 years to life for his conviction of rape as a subsequent offense.

“Life imprisonment is the only appropriate sentence for this defendant,” Conley said.  “He is a dangerous serial predator, and our city is safer with him behind bars for good.”

During his December jury trial, Martin presented evidence and testimony to prove that at approximately 12:30 a.m. on March 22, 2013, Cain was allowed into the home of a woman who was known to him.  After talking and watching TV with the victim, Cain produced a knife and assaulted her at knife point.  After the assault, Cain insisted on sleeping at the victim’s apartment until MBTA service began to run again in the morning.

The victim reported the sexual assault by phone to a doctor and later underwent an examination.  Though she declined to report the rape to Boston Police at that time, the evidence collected during her examination was preserved until the victim was comfortable speaking with police that May.

Martin presented evidence during Cain’s second trial to prove that Cain, whose criminal record dates back to 1968, was convicted in a 1988 incident where he forced a stranger into his car and sexually assaulted her.  Martin also presented evidence to show that the defendant was convicted in 1999 of an attack in which Cain punched, kicked, and threatened to kill a woman.  During Cain’s sentencing hearing, Martin explained that Cain was previously convicted in 1977 for various offenses which included two separate rapes and a kidnapping.  Cain was also convicted of armed robbery in 1975.   Each of these convictions resulted in lengthy state prison sentences.

Sexual assault can happen to anyone. While the victims of any crime are asked to call 911 in an emergency, the survivors of sexual violence in Suffolk County can also call the Boston Area Rape Crisis Center’s 24-hour hotline at 800-841-8371. The Boston Area Rape Crisis Center provides medical advocacy, legal services, counseling, and other services to victims of rape and sexual assault.

Anne Kelley-McCarthy was the DA’s assigned victim-witness advocate.  Cain was represented by Sandra Odiaga.

 

 

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All defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt