Massachusetts General Laws Chapter 265 Sections 22A and 23 govern the crime of statutory rape. Statutory rape is sexual intercourse or unnatural sexual intercourse with a child less than 16 years old. “Sexual intercourse” refers to penetration. “Unnatural sexual intercourse” includes oral and anal sex. It also includes any other intrusion of a body part or of an inanimate object, into a person’s genital opening or anus.

Our law duly recognizes that children are uniquely vulnerable, especially when it comes to sex crimes. In Massachusetts, 16 is the age of consent. This means that there is a presumption in our law that children under that age are incapable of consenting. In other words, the law assumes that no person under 16 can really understand the physical and emotional consequences of having sex. As such, sex with a person under 16 is still statutory rape if the minor consents or even initiates the act. Statutory rape is a strict liability crime. This means that there is no required mental state. If the defendant mistakenly thinks that the minor is 16 or older (even if the minor has shown the defendant a fake ID), he is still guilty.

Punishment

Massachusetts does not play when in it comes to crimes involving the sexual abuse of children. Statutory rape is a serious charge that will be prosecuted aggressively. It is punishable by up to life in state prison.

Speak With an Experienced Criminal Defense Attorney Today at 617 492 3000 or 800 481 6199.

If you or someone you know has been charged with statutory rape in Massachusetts, it is highly important to get in contact with an excellent criminal defense lawyer as soon as you possibly can. The criminal defense attorneys of Altman & Altman LLP are some of the best and brightest in the state. We have decades of experience in all Massachusetts courts, and we will directly address any and all questions or concerns you may have. At Altman & Altman, we pride ourselves on our zealous advocacy, track record of success and thorough expertise. We will be there to advise and guide you from beginning to end.

If you have been charged with statutory rape or any other crime in Massachusetts, call the experienced criminal defense attorneys of Altman & Altman at (617) 492 3000 or (800) 481 6199 toll-free, or contact us online for a free consultation.