Pursuant to Massachusetts General Laws (M.G.L.) Chapter 265 Section 23, statutory rape occurs when an individual unlawfully has sexual intercourse or unnatural sexual intercourse, and abuses a minor under the age of 16. Throughout the United States, statutory rape laws are designed to protect the innocence of minor children who are unable to legally consent to engage in sexual intercourse. In Massachusetts, the law mandates that a child under the age of 16 is incapable of consenting to sexual intercourse even when the child willingly engages in the act.
While a large majority of states in this country have created exceptions to statutory rape laws known as “Romeo and Juliet laws” that offer protections for teenagers who willingly engage in sexual intercourse, Massachusetts is not one of them. With the potential for serious penalties and lifelong consequences, you need to contact an experienced Massachusetts criminal defense attorney immediately to schedule a consultation if you or a child of yours is facing statutory rape charges.
In Massachusetts, statutory rape is a felony punishable by imprisonment for life or any term of years in state prison or house of correction. Charge of statutory rape cannot be continued without a finding (CWOF) or filed. See M.G.L. c. 265 §23. A conviction for statutory rape may also result in court-ordered monitoring and lifelong registration as a sex offender with the Massachusetts Sex Offender Registry Board (SORB).
In addition to the potential for harsh penalties, the stigma of a felony conviction involving charges of statutory rape carries a negative stigma and can severely impact one’s personal life, including educational and career opportunities.
In a prosecution for charges of statutory rape in Massachusetts, the government must prove the following beyond a reasonable doubt:
The defendant engaged in unlawful natural or unnatural sexual intercourse with the victim; and
The victim was under the age of 16 at the time of the sexual intercourse.
Although the language in M.G.L. c. 265 §23 references “abuse of a child” in addition to sexual intercourse, the law does not require a separate finding of abuse, apart from the sexual intercourse, to support a conviction for statutory rape.
While there may be a number of available defenses to charges of statutory rape depending on the evidence and circumstances, the following are NOT available defenses to statutory rape in Massachusetts:
While statutory rape charges are not commonly brought in Massachusetts, they are permissible in any situation where a person under the age of 16 engages in sexual intercourse regardless of the other individual’s age. However, certain situations and relationships are more likely to result in statutory rape charges in Massachusetts, including the following:
While both males and females can be charged with stautory rape in Massachusetts, males are much more likely than females to be charged with statutory rape.
Founder / Lead Attorney Anthony R. Riccio has extensive experience handling sexual assault cases in Massachusetts as a criminal defense lawyer and former prosecutor. Our firm understands how the government prosecutes sexual assault cases and aggressively defends our clients against such serious charges. If you or someone you love has been charged with statutory rape, call our Massachusetts criminal defense law firm at (508) 226-4500 or contact us online to schedule a free consultation.