Statutory Rape

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Statutory Rape

Age of Consent Massachusetts

 

Statutory rape is defined by the Massachusetts General Laws c.265, s. 23 as the natural or unnatural sexual intercourse with a child under the age of 16, which is the age of consent in Massachusetts.

In Massachusetts, rape offenses are one of the most serious felonies. And in some states, statutory rape (consensual intercourse between an adult and a child below 16) is differentiated from child rape (non-consensual intercourse with a child).

However, by law, statutory rape takes away the power of consent from the victim; hence it is termed child rape and carries severe penalties in Massachusetts.

It means that if the alleged victim is below the age of 16, he or she can’t consent to sexual intercourse.

Age of Consent in Massachusetts

Massachusetts Age of consent is 16 years old, meaning 16 is the minimum age at which one can consent to any sexual activity.

These laws are placed to protect a minor’s innocence with the rationale that a person under 16 cannot fully understand the consequences of engaging in sexual activities.

Therefore, the Massachusetts age of consent law is violated when an individual has sexual intercourse with a child below 16.

In some cases where the victim is of a chaste life, and the defendant persuaded them to have sexual intercourse, the age of consent can be 18.

Does Statutory Rape Apply to Females Alone?

Contrary to popular assumption, statutory rape does not apply to females alone.

Statutory Rape Conviction

To convict someone of statutory rape in Massachusetts, the prosecutor must be able to prove the following:

  • The defendant had sexual intercourse with the alleged victim, which includes both natural and unnatural intercourse.
  • Natural intercourse is the penetration of the female’s vagina with the penis. Unnatural intercourse includes sexual activities like oral and anal intercourse, including the insertion of an object into the orifice of another.
  • The alleged victim was under the age of consent in Massachusetts, which is 16, at the time of the incident.

Punishment for Statutory Rape in Massachusetts 

Massachusetts has broad and different charges used to prosecute statutory rape and age of consent related crimes. The severity of the punishment depends on the specifics of the crime and the victim and perpetrator’s ages.

 

Penalties could be a sentence of life imprisonment or any year jail terms. Meanwhile, after serving the jail term, the offender will likely continue to face the consequences of the conviction.

The punishment can be more severe in cases where:

  • The child is under age 12
  • The child is under 16, and the defendant is at least ten years older.
  • The defendant is a mandated child abuse reporter (e.g., Teacher, Doctor, Clergyman)
  • The defendant is sexual abuse convict.
  • The defendant has a criminal record.

Sex Offender Registration 

If found guilty of statutory rape in Massachusetts, you need to register as a sex offender. Being a registered sex offender comes with severe restrictions like staying away from minors, not living close to certain places like schools or parks, etc.

Registered sex offenders must also provide periodic personal information (this includes name, address, and photograph) to local police officers. This personal information may be made public.

The Romeo and Juliet Exception

The Romeo and Juliet law is harsher in Massachusetts compared to other states. In other states, there is the Romeo and Juliet law, which gives the exception of charging young people who engage with sexual activities with an individual close to their age.

The Romeo and Juliet laws are designed to prevent the prosecution of individuals who engage in consensual intercourse when both participants are close in age, but one of them is below 16. However, in Massachusetts, there is no such Romeo and Juliet exception.

It means that underage children can be charged for having sex with their peers (if one of the individuals is below 16.)

The Case of a Mistaken Belief

Under Massachusetts Age of Consent Laws, the case of a mistaken belief that the minor is over the age of 16 is not a defense to a statutory rape charge.

This means that even if the minor claims he or she is above the age of 16, or you make a mistake of assuming the minor’s age because they “appear to be more than 16”, you will still be guilty of statutory rape.

What If the Minor Consented?

A lawyer can’t use a minor’s consent as a defense of statutory rape in Massachusetts. As said earlier, under the laws of age of consent in Massachusetts, the minor, even if he/she says yes, is incapable of giving consent.

 

In summary, statutory rape is a serious charge that comes with severe penalties.

Is Defense Available for Statutory Rape?

Yes, it is possible to defend statutory rape. Some factors that can be used as defense include:

  • The Defendant Age

If the minor is close to your age at the time of the crime, you may face less severe charges.

  • No Criminal Record

You may be in luck if you do not have previous criminal records. Although you may not have the charges completely wiped, you may face less severe charges.

Getting Legal Help

You should contact an experienced Boston criminal lawyer immediately if you’ve been charged with the crime of having sexual intercourse with a minor. As pointed above, the conviction and penalties for statutory rape are of serious consequences. Therefore, it’s best to get legal help from an experienced attorney who can educate you on your rights and defend your case.

Contact The Fernandez Firm to Give Your Case the Best Chance

The Fernadez Firm has years of experience defending individuals charged with statutory rape. We have handled cases like this before and would be happy to work with you.

We investigate every detail and all the evidence to ensure we fully understand the situation. With us, you have the best chance of fighting your charges.

Contact us today for a free consultation, and let’s help you fight for your legal rights. Call Attorney Fernandez now at 1-617-393-0250 or email frank@thefernandezfirm.com.

age of consent Massachusetts
age of consent Massachusetts

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