Statutory rape is consensual sex with anybody under the age of consent. The age of consent in Massachusetts is 16 years old. It is defined in Massachusetts General Laws G.L. c. 265, § 23.
Speak is a very serious crime in Massachusetts. The penalties for stat. rape in MA are severe. An experienced criminal defense attorney can assist you with your statutory rape case defense.
Statutory rape ruining life illustration
Statutory Rape Elements
There are only two elements to statutory rape.
- First, sexual intercourse occurred.
- Second that the person was under sixteen at the time.
The purpose of the law is to protect children from preying adults. It is a strict liability crime. Intent does not matter in strict liability cases. One is guilty of strict liability regardless of the intent.
Consent is not a defense. Because minors are incapable of giving consent to sexual intercourse. The law does
Also, a mistake regarding the age of the victim is not a defense. Any mistake regarding age is not a defense. Also, mistaken identity is not a defense.
Statutory Rape Penalties
The penalties for statutory rape are very serious. Anyone convicted of statutory rape faces state prison. They face up to life in prison.
Also, if there is a previous conviction, there is a mandatory sentence of not less than fifteen years. In addition to prison, anyone convicted must register as a sex offender.
Aggravated Statutory Rape
Aggravated statutory rape is:
- Where the victim is under 12 years old and the age difference between the victim and defendant is more than a five-years
- And there is a ten-year age difference between the victim and the defendant.
Or, when the crime happened. The defendant was a “mandated reporter.” Those who are required to report child abuse are “mandated reporters.” Teachers, doctors, and nurses are examples of “mandated reporters.
There is a mandatory ten-year minimum penalty for aggravated statutory rape cases.
Statute of Limitation
There is no statute of limitation for statutory rape. If more than 27 years have passed there needs to be independent evidence that corroborated the victim’s claim.
The statute of limitations begins when the victim turns the age of 16 or when the crime has been reported.
Statutory Rape Defenses
There are several common defenses. One of the most effective defenses is to argue the incident did not happen. A skilled criminal defense attorney will review all of the physical evidence in evaluating possible defenses. Often in stat. rape cases there is no forensic evidence or a “rape kit.” In cases where there is forensic evidence, an attorney can review the medical records for any inconsistencies.
Another common defense is to show the victim is not telling the truth. The credibility of the victim is usually the only evidence. Credibility is truthfulness. It is one of the biggest defenses in stat rape cases.
An experienced criminal attorney can help address why the victim would lie. If a victim made prior false accusations they are admissible.
Get help now
Attorney Patrick Donovan can help if you are charged with a sex crime. An attorney can help you fight back. Also, Attorney Patrick T. Donovan has represented clients charged with sex crimes in Boston and throughout the state of Massachusetts.
Patrick Donovan is a former prosecutor in Massachusetts. Because of that, Attorney Donovan uses his experience as an Assistant District Attorney to help clients get the best result.
Free Consultation
Attorney Donovan offers free consultations. Also, his office is located in Quincy close to route 93. Also, Attorney Donovan offers both evening and weekend meetings. Please call attorney Patrick Donovan at (617) 479-1800 for your free consultations.
CALL THE LAW OFFICE OF PATRICK T. DONOVAN TODAY FOR YOUR FREE INITIAL CONSULTATION AT (617) 479-1800.
