Statutory rape is prohibited by Massachusetts General Laws Chapter 265 Section 23. Statutory rape is sexual intercourse or unnatural sexual intercourse with a child under the age of sixteen. To convict a defendant of statutory rape in Massachusetts, the prosecutor must prove both of the following elements beyond a reasonable doubt:

1. The defendant had sexual intercourse or unnatural intercourse with the alleged victim.“Sexual intercourse” means penetration of the female sex organ. Penetration does not require intrusion into the vagina, and it may be shown if the male organ touched the labia or vulva. Digital penetration of an anal opening is also enough to support the charge. “Unnatural sexual intercourse” includes oral and anal intercourse and other intrusions of a person’s body part or an object into the genital or anal opening of another person’s body.
2. The alleged victim was under sixteen years of age, regardless of any mistake as to age by the defendant or misrepresentation as to age by the alleged victim. For example, a defendant’s mistaken belief as to age of a victim is not a defense to statutory rape, even if a victim has false identification that she is older than 16.

Statutory rape is a strict liability offense, meaning that there is no scienter element. This crime does not require proof of force or absence of consent. The law supposes that persons under the age of 16 are not capable of giving real consent and that they are not mature enough to have a full understanding of the physical and emotional effects of sexual intercourse.

If you are convicted of statutory rape in Massachusetts, you face imprisonment in the state prison for life of for any term of years.

Statutory rape is certain to be vigorously prosecuted by state district attorneys since it involves the sexual victimization of minors. If you are charged with this or other sex crimes, retaining an experienced, knowledgeable and aggressive attorney is crucial. The Law Offices of Stephen Neyman, P.C. has more than twenty years of experience successfully fighting criminal charges in Massachusetts and throughout the country. Our office can defend you with the skill and dedication that you need. Call us today at 617-263-6800 for your initial consultation or  contact us online.  Our office is accessible twenty-four hours per day, seven days per week.

Si usted habla espanol contacta a nuestro asistente de abogado Maria Rivera en 617-877-6270.