What is Statutory Rape or the Age of Consent in Massachusetts? What if I am Falsely Accused of Rape or a Sex Crime?
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Sex Crimes, Rape, Statutory Rape and Date Rape | Boston Sex Offenses Attorney
What is Statutory Rape or the Age of Consent in Massachusetts?
The age of consent in Massachusetts is sixteen. In Massachusetts, statutory rape is clearly defined but is instead called "rape and abuse of a child." The only age that matters is that of the child regardless of the age of the accused. If a person is fifteen or under, he or she cannot consent to sex under the law.
It is also a "strict liability" crime which means that it is not a defense to be unaware of the other person's age, even if you were misled. All that is required is intercourse with a person under sixteen, even if the act is "voluntary" by both people. This is because, once again, a person under the sixteen can never legally consent to sexual intercourse, and any person who has sexual intercourse with a person under sixteen, even if the defendant is the same age or younger, has committed the crime of rape of a child.
You read that correctly. When two fifteen year-olds have sex or certain sexual conduct with each other, they have each committed the crime of rape of a child. Whether either or both would ever be prosecuted is of course a different question. This is true for same sex and opposite sex contact.
Punishments get more serious when the age gap between the accused and the victim widens.
Rape of a child is punished more severely if:
- the child is under the age of 12 and the defendant is at least five years older
- the child is between the ages of 12 and 16 and the defendant is at least ten years older, or
- the defendant is a mandated child abuse reporter (such as a doctor, teacher, social worker, or clergy member).
(Mass. Gen. Laws ch. 119, § 21, ch. 265, §§ 23, 23A.)
When there is not "intercourse," or any type or penetration, there may still be an "indecent assault and battery upon a child," although that crime requires that the victim is under fourteen years old.
Rape, Indecent Assault and Battery and indecent Exposure.
Rape or unwanted sexual contact between adults is equally serious and is also punished severely. Rape convictions will almost certainly lead to state prison sentences and mandatory sex offender registration. Indecent assault and battery convictions involve unwanted touching of another person in an indecent manner and are also punished by jail or prison sentences and mandatory registration. Even offenses such as "open and gross lewdness" or "indecent exposure" can lead to jail time and mandatory reporting. These offenses involve exposing personal parts of the body, such as genitals or even buttocks, even when clothed in see-through or overly revealing clothing.
Once again, however, there is opportunity for false accusations caused by the difficulties of broken relationships or other motives. Our Boston criminal attorney's office has successfully defended false rape accusations by spouses going through divorces, false rape charges by ex-boyfriends or girlfriends and false rape accusations encouraged by angry or disapproving parents.
What if I am Falsely Accused of Rape or a Sex Crime?
We've seen the devastation a false accusation of a sex crime can cause the accused, their families, friends, careers and futures. However, these accusations can be defended and you can be vindicated with assistance of an attorney with the right kind of experience, sensitivity and courtroom skill. Our Boston criminal defense attorney's office has expertise in all of the issues that may arise in these cases, from disputing scientific evidence to investigating and discovering weaknesses in an accuser's credibility.
Our Boston criminal defense attorney's office has successfully defended clients before juries in very serious trials, including life felony trials, charging several sex offenses, including aggravated rape, rape of a child, indecent assault and battery and date rape. Our clients have been found not guilty in every sexual offense accusation we have ever tried before a jury. That is a 100 percent winning record in several cases over twenty years.
If you have been charged with sexual assault, or any sex crime in Massachusetts, you may be facing severe potential penalties and other consequences in the event you are found guilty. Many sex offenses carry with them the potential for lengthy jail sentences and for registration onto a public sex offender registry. Even more minor sex crimes, such as indecent exposure, can lead to a jail sentence, derail your future and require publication on the sex offender registry.
These crimes are devastating to victims and should be punished severely. However, the cultural stigma attached do these crimes also creates opportunity for false accusations of rape or sexual assault. If you have been falsely accused of a sex crime, you need a fearless, talented and dedicated attorney.
Contact Serpa Law Office immediately if you have been falsely accused of rape or indecent assault and battery or any sex crime.
