Massachusetts G.L. c. 265, § 23: Rape of a Child
If your charging documents reference G.L. c. 265, § 23, you are facing one of the most serious felony charges in Massachusetts. Understanding exactly what the prosecution must prove is critical to your defense.
Understanding exactly what the Commonwealth must prove, and what defenses may be available, is critical from the earliest possible stage of your case.
Call (978) 969-2890 for a free consultation.
Understanding Your Charges and Your Options
Being accused of assaultBeing charged under this statute is devastating, and this is among the most serious felony charges under Massachusetts law. We understand these situations are often far more complicated than they appear. For over 30 years, we have helped people facing serious felony charges understand their options and work toward the best possible outcome.
Call (978) 969-2890 for a free consultation.
Call (978) 969-2890 for a free consultation.
What Does G.L. c. 265, § 23 Prohibit?
Massachusetts G.L. c. 265, § 23 makes it a felony offense to unlawfully have sexual intercourse or unnatural sexual intercourse with a child under 16 years of age. This statute does not require proof of force. It applies regardless of whether the alleged victim appeared to consent.
Under Massachusetts law, a person under 16 is legally incapable of consenting to sexual intercourse. Consent by the alleged victim is not a defense to this charge, regardless of the circumstances.
Massachusetts does not have a so-called Romeo and Juliet exception for closely aged partners, unlike many other states. A defendant can be convicted under this statute even where both parties were teenagers close in age.
A reasonable but mistaken belief that the alleged victim was 16 or older is not a defense under Massachusetts law. This charge cannot be continued without a finding or placed on file.
What the Prosecution Must Prove
To convict you of this offense, the Commonwealth must prove each of the following beyond a reasonable doubt:
Sexual Intercourse or Unnatural Sexual Intercourse : You had sexual intercourse or unnatural sexual intercourse with the alleged victim.
The Alleged Victim Was Under 16 : At the time of the alleged act, the alleged victim was under 16 years of age.
The Commonwealth must prove both elements beyond a reasonable doubt. Whether the alleged conduct actually meets the statute's legal definition, and questions about the reliability of the evidence establishing it, are frequently the central issues in these cases.
Sexual Intercourse or Unnatural Sexual Intercourse : You had sexual intercourse or unnatural sexual intercourse with the alleged victim.
The Alleged Victim Was Under 16 : At the time of the alleged act, the alleged victim was under 16 years of age.
The Commonwealth must prove both elements beyond a reasonable doubt. Whether the alleged conduct actually meets the statute's legal definition, and questions about the reliability of the evidence establishing it, are frequently the central issues in these cases.
Penalties Under Massachusetts Law
This offense carries a single, open-ended penalty range, and a related statute imposes a much higher mandatory minimum where specific aggravating factors are present.
Penalty
● Life or any term of years in state prison, OR
● Any term in a jail or house of correction
● This charge cannot be continued without a finding or placed on file
● Both fine and imprisonment possible
● Any term in a jail or house of correction
● This charge cannot be continued without a finding or placed on file
● Both fine and imprisonment possible
Related Aggravated Provision (Age Difference or Mandated Reporter)
● A related statute, G.L. c. 265, § 23A, applies when specific age-gap factors are present, or when the defendant was a mandated reporter
● That aggravated provision carries life or any term of years in state prison, with a mandatory minimum of 10 years
● Whether these specific aggravating factors actually apply to your case is a critical question that must be carefully examined
● That aggravated provision carries life or any term of years in state prison, with a mandatory minimum of 10 years
● Whether these specific aggravating factors actually apply to your case is a critical question that must be carefully examined
Collateral Consequences
● Mandatory sex offender registration
● A permanent felony record
● Severe immigration consequences for non-citizens, including near-certain deportation
● Loss of the right to possess firearms
● Significant impact on custody and family court proceedings
● Difficulty obtaining housing
● A near-certain motion to hold you without bail at arraignment given the seriousness of the charge
● A permanent felony record
● Severe immigration consequences for non-citizens, including near-certain deportation
● Loss of the right to possess firearms
● Significant impact on custody and family court proceedings
● Difficulty obtaining housing
● A near-certain motion to hold you without bail at arraignment given the seriousness of the charge
Related Criminal Charges
● G.L. c. 265, § 22A: Rape of a Child With Force : A more serious charge if the Commonwealth alleges the child was compelled to submit by force or threat of bodily injury
● G.L. c. 265, § 23A: Aggravated Rape and Abuse of a Child : Applies when specific age-gap factors are present, or when the defendant was a mandated reporter, and carries a 10-year mandatory minimum
● G.L. c. 265, § 13B: Indecent Assault and Battery on a Child Under 14 : A lesser included offense when the Commonwealth cannot prove intercourse occurred
● G.L. c. 272, § 29A: Posing or Exhibiting a Child in Nudity or Sexual Conduct : A separate charge if visual material of the alleged conduct was also created
● G.L. c. 265, § 26: Kidnapping, sometimes charged alongside this offense depending on the alleged circumstances
Related Practice Area: Our Sex Crimes Defense Practice Area Overview
● G.L. c. 265, § 23A: Aggravated Rape and Abuse of a Child : Applies when specific age-gap factors are present, or when the defendant was a mandated reporter, and carries a 10-year mandatory minimum
● G.L. c. 265, § 13B: Indecent Assault and Battery on a Child Under 14 : A lesser included offense when the Commonwealth cannot prove intercourse occurred
● G.L. c. 272, § 29A: Posing or Exhibiting a Child in Nudity or Sexual Conduct : A separate charge if visual material of the alleged conduct was also created
● G.L. c. 265, § 26: Kidnapping, sometimes charged alongside this offense depending on the alleged circumstances
Related Practice Area: Our Sex Crimes Defense Practice Area Overview
Defending Against Rape of a Child Charges
The severity of this charge does not mean it cannot be defended. Given that consent and mistake of age are not available defenses, the defense in these cases typically centers on whether the alleged conduct actually occurred and whether the evidence supporting the charge is reliable.
A key defense involves scrutinizing the reliability of how the allegation arose, including the circumstances of any interview or investigation, and whether the evidence supports the specific elements this statute requires.
We also examine whether the Commonwealth can actually establish the alleged victim's age at the time of the alleged conduct, and whether any physical, forensic, or digital evidence supports or undermines the allegation.
Given the severity of this charge, the near-certainty of a dangerousness hearing, and the open-ended sentencing structure, immediate and thorough investigation from the earliest possible stage is essential.
A key defense involves scrutinizing the reliability of how the allegation arose, including the circumstances of any interview or investigation, and whether the evidence supports the specific elements this statute requires.
We also examine whether the Commonwealth can actually establish the alleged victim's age at the time of the alleged conduct, and whether any physical, forensic, or digital evidence supports or undermines the allegation.
Given the severity of this charge, the near-certainty of a dangerousness hearing, and the open-ended sentencing structure, immediate and thorough investigation from the earliest possible stage is essential.
What To Do Right Now
If you have been charged under G.L. c. 265, § 23, taking the right steps immediately can make a significant difference in your case.
● Do not talk to police without a lawyer present
● Do not discuss your case with anyone except your attorney
● Do not post anything about your case on social media
● Preserve any evidence that might help your defense
● Write down everything you remember while it is fresh
Contact an experienced Massachusetts criminal defense attorney immediately.
Call (978) 969-2890. We answer 24/7.
● Do not talk to police without a lawyer present
● Do not discuss your case with anyone except your attorney
● Do not post anything about your case on social media
● Preserve any evidence that might help your defense
● Write down everything you remember while it is fresh
Contact an experienced Massachusetts criminal defense attorney immediately.
Call (978) 969-2890. We answer 24/7.
We're Here To Help
This charge is among the most serious in Massachusetts, carrying a potential life sentence. Experienced legal representation from the earliest possible stage is essential.
For over 30 years, we have defended serious felony charges throughout Massachusetts. A free consultation gives you the opportunity to understand your charges and options. Go here if you want to know why working with us is the right choice.
Call 978-969-2890 for a free consultation. Serving Essex County, Middlesex County, and Suffolk County.
H. Ernest Stone, Attorney PC
900 Cummings Center, Suite 321-U
Beverly, MA 01915
Phones answered 24/7 by a real person.
For over 30 years, we have defended serious felony charges throughout Massachusetts. A free consultation gives you the opportunity to understand your charges and options. Go here if you want to know why working with us is the right choice.
Call 978-969-2890 for a free consultation. Serving Essex County, Middlesex County, and Suffolk County.
H. Ernest Stone, Attorney PC
900 Cummings Center, Suite 321-U
Beverly, MA 01915
Phones answered 24/7 by a real person.
We'll Get You Through the Storm
Contact our team today for a free consultation. We are available 24/7.
