You need to speak with a Massachusetts Statutory Rape Attorney because statutory rape is a very serious crime in Massachusetts.
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What is Statutory Rape in Massachusetts?
Statutory rape in Massachusetts is consensual intercourse with any person under the age of sixteen. Massachusetts General Laws. G.L. c. 265, § 23 defines statutory rape.
“Whoever unlawfully has sexual intercourse or unnatural sexual intercourse, and abuses a child under 16 years of age, shall be punished by imprisonment in the state prison for life or for any term of years or, except as otherwise provided, for any term in a jail or house of correction. A prosecution commenced under this section shall neither be continued without a finding nor placed on file.”
The prosecutor must prove two elements in a statutory rape case. First, sexual intercourse occurred. Second that the person was under sixteen at the time.
Statutory rape is a strict liability crime. Mistake as to the age or identity of the victim is not a defense. Also, the appearance of the victim is not a defense. The consent of the victim does not matter because the victim is incapable of making or giving consent.
Consent is not an element of statutory rape.
What are the Penalties for Statutory Rape?
Statutory rape is a felony in Massachusetts. Any convicted of statutory rape faces up to life in prison. If there is a previous conviction for statutory rape there is a mandatory sentence of not less than fifteen years
There is a mandatory ten-year minimum penalty for aggravated statutory rapes. Aggravated statutory rape is when:
- 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 occurred. The Defendant was a “mandated reporter.” Professionals who are required to report child abused are “mandated reporter.” Teachers, doctors, and nurses are examples of “mandated reporters.
What is the Statute of Limitation for Statutory Rape?
Unlike other crimes, there is no statute of limitations for Statutory Rape in Massachusetts. If however more than 27 years have passed since the crime there needs to be independent evidence that corroborated the victim’s claim. Finally, the statute of limitations begins when the victim turns 16 or when the crime has been reported.
What You Need to Do if Charged With Statutory Rape.
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 including statutory rape in Boston and throughout the state of Massachusetts. Finally, statutory rape criminal attorney Patrick T. Donovan fights for the best possible outcome for each and every one of his clients.
About Massachusetts Criminal Lawyer Patrick Donovan
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.
Massachusetts Criminal Attorney Patrick T. Donovan handles cases for clients located in: Boston, Dorchester, West Roxbury, South Boston, East Boston, West Roxbury, Hyde Park, Quincy, Milton, Weymouth, Randolph, Braintree, Cohasset, Hingham, Hull, Rockland, Dedham, Stoughton, Wrentham, Norwood, Cambridge, Somerville, Westwood, Needham, Wellesley, Wareham, Attleboro, Brockton, Canton, Sharon, Avon, Revere, All of Cape Cod. Plymouth, Duxbury, Hanover.
