Statutory Rape Criminal Defense Attorney in Massachusetts
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Statutory rape is a criminal charge that arises when allegations are made that an individual has had sexual relations with a person who is under the age of 16. The law states that an individual under the age of 16 is incapable of consenting to sexual intercourse. The defendant can be charged regardless of whether they knew the alleged victim was under 16 years old.
When facing a statutory rape charge in Massachusetts, the stakes are high, and the complexities of the law demand skilled legal representation. At Nate Amendola Defense, we specialize in defending individuals accused of sex crimes, combining deep knowledge with a compassionate understanding of the sensitive nature of these matters. Statutory rape accusations can be extremely overwhelming but with the right legal team, you don’t have to face them alone.
Legal Elements of Statutory Rape
To secure a conviction, the prosecution must establish, beyond a reasonable doubt, the defendant:
- Unlawfully;
- Engaged in natural or unnatural sexual intercourse; and
- The alleged victim was under 16 years old at the time of the offense.
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Potential Penalties for a Statutory Rape Conviction
Massachusetts law recognizes the varying degrees of severity between parties of different ages. The penalties for statutory rape can vary significantly, depending on the ages of both the alleged victim and the defendant.
Statutory Rape
State Prison: Life or any term of years; OR
House of Corrections: Not more than 2.5 years (30 months)
No pre-trial probation without the Commonwealth’s consent
Subsequent Offense
State Prison: Mandatory minimum of 10 years
Aggravated Statutory Rape
State Prison: Life or any term of years. Mandatory minimum 10 years.
Frequently Asked Questions About Statutory Rape
Is There a Romeo and Juliet Law in Massachusetts?
Many states have “Romeo and Juliet” laws that protect young people from criminal charges for engaging in consensual sexual activities with others who are close in age. Massachusetts is NOT one of those states. Underage children (16 years or younger) can face criminal charges for having sex with others close to their age.
What are “Aggravating” Factors of Statutory Rape?
- More than a 5 year age difference between the defendant and the alleged victim, who is under 12 years old
- More than a 10 year age difference between the defendant and then alleged victim who is between 12 and 16 years old
- The defendant was a mandated reporter of child abuse
What is a Mandated Reporter?
In Massachusetts, a mandated reporter is a person who, due to their professional position, is legally required to report any suspicions of child abuse or neglect to the Department of Children and Families. Mandated reporters typically include a wide range of professionals who encounter children through their work. Some examples are:
- Teachers, guidance counselors, and other school staff
- Doctors, nurses, and other healthcare providers
- Social workers
- Mental health professionals
What is the Age of Consent in MA?
In Massachusetts, the age of consent is 16 years old. It is a crime to engage in sexual intercourse with anyone under 16 years old, even if the defendant is also under 16.
What is the Statute of Limitation for Statutory Rape?
There is no statute of limitation for statutory rape in Massachusetts.
Similar Charges
- Rape
- Indecent Assault and Battery
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Navigating the legal landscape surrounding statutory rape charges in MA requires the expertise of skilled attorneys who understand the complexities of both the law and the individual circumstances. If you or a loved one is facing these charges, contact our office at 781-650-6940 or through an online chat. We are committed to upholding your rights, providing a robust defense, and striving for the most favorable outcome possible.
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