Statutory rape is consensual sex with anybody under the age of consent. In the Commonwealth of Massachusetts, the age of consent in Massachusetts is 16 years old. Massachusetts General Laws G.L. c. 265, § 23 is the statutory rape law. Stat. Rape is a very serious sex offense. The penalties for statutory rape in MA usually result in prison time.
Statutory rape ruining life illustration
Statutory Rape Elements
There are only two elements to Massachusetts 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. Mistaken belief the victim was over the age of 16, and could legally consent is not a defense.
Consent is not a defense. Because the age of consent in Massachusetts is 16 years old. Anyone under age 16 is cannot give consent to sexual intercourse.
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.
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 Stat. 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.
What is the Statute of Limitation for Massachusetts Statutory Rape?
The statute of limitations is the time limit that prosecutors have to bring criminal charges. There is no statute of limitation for Massachusetts 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.
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.
