Understanding Statutory Rape and Age of Consent in Massachusetts

Key Information: What You Need to Know

Age of Consent: 16 years old (no exceptions for age proximity)
Legal Definition: Sexual intercourse with anyone under 16 (M.G.L. c. 265, § 23)
First Offense Penalty: Up to life in prison, mandatory sex offender registration
Repeat Offense Penalty: Mandatory minimum 15 years to life in prison
No Valid Defenses: Consent and mistaken age are not legal defenses

What Is the Age of Consent in Massachusetts?

In Massachusetts, the legal age of consent is 16 years old. This means anyone under 16 cannot legally consent to sexual activity. Engaging in sexual activity with someone under this age is a serious crime, regardless of the circumstances.

No "Romeo and Juliet" Exceptions

Unlike some states that have "Romeo and Juliet" laws providing lighter punishments when partners are close in age, Massachusetts has no exceptions based on age differences. Even if both people agree to the relationship:

- An 18-year-old who has sex with a 15-year-old can be charged with statutory rape

- The age gap doesn't matter—if one person is under 16, it's illegal

- This applies even to teenage relationships with small age differences

What Is Statutory Rape?

Statutory rape is defined under Massachusetts General Laws, Chapter 265, Section 23 as: "Natural or unnatural sexual intercourse with a child under the age of consent."

Two Critical Points About Defenses

- Consent is NOT a Defense Even if the younger person agreed to the sexual activity, the law says they're too young to legally give consent. Saying "but they said yes" is not a valid defense.

- Mistaken Age is NOT a Defense
If someone is under 16, it doesn't matter if they lied about their age or looked older—you're still responsible. Saying "I thought they were 16 or older" won't hold up in court.

How "Sexual Intercourse" Is Defined

Massachusetts law defines sexual intercourse broadly to include:

Natural Intercourse

- Penetration of the vagina with the penis

Unnatural Intercourse

- Oral sex (regardless of who is performing it)

- Anal sex

- Insertion of objects into body orifices

- Any penetration, no matter how slight, of the underage person's body

Elements for Statutory Rape Conviction

To secure a conviction, the prosecutor must prove:

Sexual Intercourse Occurred: The defendant engaged in natural or unnatural sexual intercourse with the alleged victim

Age Requirement: The alleged victim was under the age of 16 at the time of the incident

Penalties for Statutory Rape

First Offense Consequences

- Felony conviction

- Up to life imprisonment

- Mandatory sex offender registration

Second or Subsequent Offense

- Mandatory minimum sentence of 15 years up to life in prison

- Another felony conviction

- Continued sex offender registration

Impact of Sex Offender Registration

Conviction requires lifetime registration as a sex offender, which affects:

- Employment opportunities

- Housing options

- Travel restrictions

- Proximity restrictions to schools and playgrounds

- Public disclosure of personal information

- Regular reporting requirements to law enforcement

Common Misconceptions About Statutory Rape

"They Looked Older"

Physical appearance or the minor's behavior is not a defense. Age is determined by birth certificates and legal documents, not appearance.

"They Initiated It"

Who initiated the contact is irrelevant. The law protects minors from sexual activity regardless of who made the first move.

"We're Dating"

A romantic relationship doesn't change the legal age of consent. Marriage would be required to create any exception, and minors under 16 cannot legally marry in Massachusetts.

"Their Parents Approved"

Parental consent cannot override statutory rape laws. Parents cannot give permission for their minor children to engage in sexual activity with adults.

Frequently Asked Questions

What is the age of consent in Massachusetts?

The age of consent in Massachusetts is 16 years old. Anyone under 16 cannot legally consent to sexual activity, making any sexual contact with someone under 16 a serious crime regardless of circumstances.

Are there any exceptions for people close in age?

No. Massachusetts has no "Romeo and Juliet" laws or close-in-age exceptions. Even if partners are only a few years apart in age, sexual activity with someone under 16 is statutory rape.

What happens if someone lies about their age?

Mistaken age is not a valid defense in Massachusetts. If the person was actually under 16, you can be convicted of statutory rape even if they lied about their age or showed fake identification.

What are the penalties for statutory rape?

First offenses can result in up to life in prison and mandatory sex offender registration. Second offenses carry a mandatory minimum of 15 years to life in prison. All convictions require lifetime sex offender registration.

Can statutory rape charges be reduced or dismissed?

With experienced legal representation, it may be possible to challenge evidence, negotiate reduced charges, or identify constitutional violations in the investigation. However, these are serious charges requiring immediate professional legal help.

Contact Ernest Stone Today

If you've been charged with statutory rape or are under investigation for sexual activity with a minor, you need immediate legal representation. These charges carry life-altering consequences including potential life imprisonment and mandatory sex offender registration.

Free consultation available. Call (978) 969-2890 or contact us online to discuss your case. We're available 24/7 to respond to urgent legal matters.

H. Ernest Stone, Attorney PC
Criminal Defense

Email: es@herneststone.com
Phone: (978) 969-2890
Office: 900 Cummings Center, Suite 321-U, Beverly, Massachusetts 01915

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