Boston Statutory Rape Defense Lawyers
When facing charges related to statutory rape and the age of consent laws in Boston, it is crucial to seek immediate legal counsel.
At Carney, Gaudet & Carney, we focus on providing aggressive and effective representation, leveraging more than a half-century of experience to deliver a skillful sex crime defense in statutory rape cases in the Boston area. We will safeguard your rights and pursue the most favorable outcome possible.
What Is Statutory Rape In Massachusetts?
Statutory rape can be defined as sexual intercourse or sexual conduct with an individual who is below the legal age of consent – even if the other party involved is also below the age of consent.
For a statutory rape conviction, the prosecution must establish certain elements:
- Sexual intercourse occurred: The prosecutor must prove the defendant engaged in sexual activity with the alleged victim. In Massachusetts, sexual intercourse includes both natural and unnatural intercourse. Natural intercourse is the penetration of a female’s vagina by the male penis. On the other hand, unnatural intercourse can involve oral or anal intercourse, or the insertion of an object into another person’s body.
- Victim’s age: The prosecution must show that the alleged victim was under the legal age of consent, which in Massachusetts is 16 years old. This applies regardless of whether the sexual activity was consensual or if both parties were minors.
- Defendant’s knowledge of age: Statutory rape is a strict liability crime in Massachusetts. Intent is irrelevant, and the defendant’s awareness of the victim’s age does not need to be proven for a conviction. However, showing evidence of deceit or manipulation may strengthen the
In Massachusetts, statutory rape cases are taken very seriously and can result in severe penalties, including imprisonment and mandatory registration as a sex offender.
What Is The Age Of Consent In Massachusetts?
In Massachusetts, the age of consent is 16. The law assumes that anyone under that age is legally incapable of giving their consent to any kind of sexual activity. This offense is strictly enforced to protect minors from exploitation and to uphold standards of moral and legal responsibility – regardless of how willing the minor may have been.
Penalties For Statutory Rape In Massachusetts
The penalties vary based on the circumstances surrounding the offense.
- Rape and abuse of a child: Engaging in sexual intercourse with a child under 16 years of age can result in life imprisonment or a specific sentence, depending on the severity of the case.
- Aggravated rape and abuse of a child: Stricter penalties apply if the victim is younger than 12 and the defendant is at least five years older, or if the victim is between 12 and 16 and the defendant is at least 10 years older. Also, mandated reporters like teachers, doctors or clergy members convicted of this offense face a minimum 10-year prison sentence, with no eligibility for parole or probation.
- Repeat offenders: Those with prior convictions for child-related crimes, such as rape or indecent assault, may receive enhanced penalties, including a mandatory minimum of 15 years in prison for subsequent offenses.
The penalties can be particularly harsh, and those convicted may also face long-term consequences such as mandatory registration as a sex offender.
Does Massachusetts Have A “Romeo And Juliet” Law?
Unlike many other states, Massachusetts does not have a Romeo and Juliet law, which typically carves out some exemptions from prosecution for consensual relationships between minors close in age. Therefore, any sexual activity involving someone under 16 is considered statutory rape – even when both parties are under the age of consent and willing participants.
Is Sexting A Crime In Massachusetts?
Sending sexually explicit messages, images or videos involving minors is a crime in Massachusetts under child pornography and exploitation laws. Again, this is true even when both parties involved are under 18 years of age.
When You Need An Aggressive Defense In Boston, Call Us
Are you facing criminal charges related to the age of consent, statutory rape or sexting in Massachusetts? Is your minor child facing charges? Get experienced, compassionate representation today. Call Carney, Gaudet & Carney at 617-404-9683 or send an email to schedule your consultation with one of our experienced attorneys.