Massachusetts dating laws
For example, a 15 year old who has sex with a 13 year old schoolmate can be convicted of rape of a child.This may seem illogical since the 13 year old has also had sex with a minor and because these laws are intended to protect children (which includes the 15 year old).
Paul School rape case because New Hampshire makes statutory rape a misdemeanor when the two individuals are close in age.Many even know that the age of consent in Massachusetts is 16.What they don’t know is the legal definition of sexual intercourse for the rape statute: sexual intercourse is defined as penetration of the victim, no matter how slight, and such penetration can be penile, oral, or digital (fingers).Most people know that if a person is physically forced to participate in a sexual interaction, then it is a sexual assault; many also know that if a person submits to a sexual interaction because he or she was threatened with violence if s/he didn’t comply, that also constitutes a sexual assault.What few of my clients seem to know is that sexual assault can be accomplished if it is against the alleged victim’s will.
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There is no such provision in Massachusetts: the only benefit that the accused receives if the two are close in age is that the defendant would not be charged with aggravated rape of a child which carries a mandatory 10 year state prison sentence (the age difference for aggravated rape of a child must be 10 years if the minor is between 12-16 years old and 5 years if the minor is under 12).