The age of consent is the age at which a person must engage in sexual contact with an adult willingly. In Massachusetts, the age of consent is 16 years old. It is a crime to engage in sex acts with anyone under 16 years old, even if the defendant is also under 16–there is no Romeo and Juliet law in Massachusetts.
Both consensual and nonconsensual sexual assault and battery of a minor may be charged as child rape in Massachusetts. For this reason, it’s vital to involve a Massachusetts sex crime attorney as soon as possible after an accusation of sexual assault on a minor.
Sexual Assault of a Child Under 16
Sex with a child under 16 is more commonly known as statutory rape. Since state law decrees that children do not have the legal ability to consent to sexual activity, it doesn’t matter if the minor under 16 agreed to sexual intercourse or initiated sex acts. These cases cannot be continued or placed on file—there must be a finding of guilty or not guilty. This is all the more reason that you should contact an aggressive criminal defense lawyer in Massachusetts immediately.
Sexual assault of a victim under 16 years old is a felony offense, punishable by a term of at least 10 years and a maximum of life imprisonment. If convicted, a defendant will not be eligible for probation, parole, work release, furlough, or other sentence deductions until at least 10 years have been served. If the defendant has been convicted of previous offenses, the mandatory minimum is raised to 15 years.
Minors engaging in underage sex are still subject to the age of consent in Massachusetts, and could be considered both victims and perpetrators of statutory rape if both are under 16. However, the age gap between the defendant and the victim can play a role during sentencing.
The above penalties apply in sexual assault cases where a victim is:
- Under 12 years of age, and there is more than a five-year age difference between the defendant and the victim
- Between 12 and 16 years old, and there is more than a 10-year age difference between the defendant and the victim
- Assaulted by a mandated reporter at the time of such intercourse. A mandated reporter is someone required by law to report suspected instances of child abuse, such as teachers, caregivers, doctors, nurses, counselors, or members of the clergy
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Sexual Assault of a Child Under 14
Defendants could face aggravated child rape charges if the victim was under 14 when the abuse occurred. Potential penalties for these crimes include:
- Indecent assault and battery on a child under 14. A defendant who has sex with, or touches a minor under the age of 14 in a sexual way could be charged with indecent assault and battery of a child. Depending on the circumstances, a defendant may be imprisoned in a house of correction for up to 2.5 years or remain in state prison for up to 10 years.
- Sex with a child during the commission of a crime. Indecent assault and battery on a child under age 14 is punishable by a mandatory minimum term of 10 years and a maximum of life imprisonment if it was committed during a burglary, armed burglary, breaking and entering, kidnapping, armed or unarmed robbery, assault and battery with a dangerous weapon, home invasion, or exhibiting the child in a state of nudity or sexual conduct. If convicted, the defendant will not be eligible for parole, work release, probation, furlough, or other sentence deduction until at least 10 years of the sentence have been served. If the defendant has been convicted of previous offenses, the mandatory minimum is raised to 15 years.
- Sexual assault of a child by a mandated reporter. If the defendant was a mandated reporter when the assault occurred, a conviction carries a mandatory minimum sentence of at least 10 years and a maximum of life imprisonment, with no parole or probation until at least 10 years have been served.
Juvenile Sex Crimes in Massachusetts
When a family faces juvenile sex crime allegations in Massachusetts, it can feel overwhelming and frightening. However, it’s important to understand that the juvenile justice system is specifically designed to help young people while protecting the community. Unfortunately, false accusations can and do occur in juvenile sex crime cases, whether due to misunderstandings, peer conflicts, family disputes, or other complex social dynamics that affect young people’s lives.
Unlike adult criminal cases, juvenile sex offense cases are handled in the Juvenile Court with special considerations for the minor’s age, developmental capacity, and potential for positive change. Massachusetts law recognizes that juvenile offenders are fundamentally different from adults and emphasizes treatment, rehabilitation, and family support rather than punishment alone.
Whether facing legitimate charges that require intervention or false accusations that need vigorous defense, these situations are undeniably serious, but there is hope—with experienced juvenile defense representation, families can navigate the legal process while working toward the best possible outcome for their child and their future.
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Child Enticement and Solicitation of a Minor Under Massachusetts Law
Child enticement and solicitation of a minor are serious offenses in Massachusetts that involve using electronic communication, such as the internet, social media, or text messaging, to lure or attempt to lure a minor for sexual purposes. Under Massachusetts General Laws Chapter 265, Section 26C, this crime occurs when someone knowingly uses electronic communication to entice, encourage, or persuade a child under 16 to engage in sexual conduct or to meet for the purpose of engaging in sexual conduct. Solicitation of a minor encompasses the broader range of communications intended to induce a child to participate in illegal sexual activity.
The penalties for child enticement are severe: conviction can result in imprisonment in state prison for not more than 5 years, or in the house of correction for not more than 2½ years, or by both imprisonment and a fine of not more than $5,000. The law recognizes the particular vulnerability of children in digital spaces and the predatory nature of online grooming behaviors. Even when the person contacted is actually an undercover law enforcement officer rather than a real child, charges can still be filed based on the defendant’s intent.
Child enticement and solicitation of a minor cases often involve complex digital evidence, including chat logs, social media communications, and forensic analysis of electronic devices, making experienced legal representation essential for anyone facing these serious allegations.
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Schedule a Free Consultation with a Massachusetts Sex Crimes Lawyer Today
In times like these, you need someone who can give you straightforward legal advice and ensure that your rights are protected throughout your criminal case. At Nate Amendola Defense, we do everything we can to prevent conviction, registration on the sex offender list, and long prison sentences.
If you’ve been arrested or accused of a sex crime such as indecent assault and battery, statutory rape, or child enticement, you should speak to an experienced defense attorney as soon as possible. You can contact us online or call our office directly to schedule your free consultation with one of our top-notch defense lawyers. We have proudly represented clients in South Shore in areas such as Hingham, Plymouth, and Scituate, including the towns of Barnstable, Sandwich, Nantucket, and more.
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