Statutory Rape

If you have been charged with statutory rape, it is important that you immediately contact a highly skilled Massachusetts sex crimes defense attorney. With your reputation and freedom at risk, the stakes are too high not to have an experienced attorney making preparations for your best defense.

In Massachusetts, law enforcement responds aggressively to all accusations of statutory rape. In some cases, the minor’s parents will not want to press charges, but Massachusetts law enforcement will. Police, social workers, and prosecutors investigate cases of statutory rape vigorously. These investigations can damage the accused person’s career, ruin their reputation, and cause him/her to be shunned by society.


Although any adult can be charged with statutory rape, college students are particularly vulnerable because of their relationship with high school students. They may be dating younger girls or meet them at parties. Even if intercourse was consensual, however, the police can still charge you with statutory rape.


In order to sustain a conviction under this section, the Commonwealth must prove:

1. Sexual Intercourse occurred (performing oral or receiving oral is considered intercourse for purposes of this statute).
2. With a child under sixteen years of age.

WARNING!! Consent is not an element of statutory rape. Statutory rape is a strict liability crime meaning an honest mistake as to the age or identity of the victim is NOT a defense. It is also not a defense that the victim lied about being older, the victim appeared older or someone told you the victim was older. Under this statute, the child is considered incapable, as a matter of law, of giving any effective consent.


First Offense Penalties
1. Felony.
2. Imprisonment up to Life.
3. Sex Offender Registration.

Second or Subsequent Offense Penalties
1. Felony.
2. Fifteen (15) Years up to Life.
3. Sex Offender Registration.


Chapter 265: Section 23.
Rape and Abuse of a Child
Whoever unlawfully has sexual intercourse or unnatural sexual intercourse, and abuses a child under 16 years of age, shall be punished by imprisonment in the state prison for life or for any term of years or, except as otherwise provided, for any term in a jail or house of correction. A prosecution commenced under this section shall neither be continued without a finding nor placed on file.