You need to speak with a Massachusetts Statutory Rape Attorney because Statutory rape is a very serious crime in Massachusetts. If you have been charged with statutory rape or have been asked by police to talk about a possible statutory rape you need to speak with an attorney immediately.
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What is Statutory Rape in Massachusetts?
Statutory rape in Massachusetts is the consensual intercourse with any person under the age of sixteen. Statutory rape is defined in Massachusetts General Laws. G.L. c. 265, § 23,
“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.”
In order to be found guilty of statutory rape the prosecutor must prove two elements. One, sexual intercourse occurred and 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. The appearance of the victim is likewise not a defense. Consent of the the victim does not matter because the victim is incapable of making or giving consent.
Consent is not an element of statutory rape. Statutory rape is a lesser included offense of rape of a child with force.
What are the Penalties for Statutory Rape?
Statutory rape is a felony in Massachusetts. If someone is convicted of statutory rape the penalty provided for in Section 23 is life or any term of years in state prison or any term in a jail or house of correction. 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. An 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
- There is a ten year age difference between the victim and defendant.
- When the crime occurred the Defendant was a “mandated reporter.” A mandated reporter is a professional required to report child abused to authorities like a teacher, doctors, nurse.
What is the Statue of Limitation for Statutory Rape?
Unlike other crimes, there is no statute limitation for Statutory Rape in Massachusetts. According to the law, a prosecution may be filed at any time. If however more than 27 years have passed since the crime there needs to be independent evidence that corroborated the victim’s claim. The statute of limitation begins when the victim turns 16 or when the crime has been reported.
What You Need to Do if You Are Charged With Statutory Rape.
If you are charged you need to contact a Massachusetts statutory rape attorney as soon as possible. An attorney can help you fight back. Attorney Patrick T. Donovan has represented clients who have been accused of and charged with sex crimes including statutory rape in Boston and throughout the state of Massachusetts. Statutory rape criminal attorney Patrick T. Donovan is committed to aggressively pursuing 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. Attorney Donovan uses his prior knowledge as an Assistant District Attorney to help clients by challenging evidence submitted by state attorneys, investigating faulty law enforcement procedures, and ultimately building the strongest case possible for every single one of his clients.
Free Consultation
Attorney Donovan offers free consultations. His office is conveniently located in Quincy close to route 93. Attorney Donovan also offers shuttle service to and from home. Attorney Donovan offers both evening and weekend consultations and will meet at places convenient to the client. 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.
