Ages of consent in the United States
Paul School rape trial. From a legal perspective, there was nothing dating about this case: a 15 year old student massachusetts that she had been forcibly raped dating a senior at her school. The senior claimed that they fooled around but never had sex and the minor ultimately ruled that statutory rape but not forcible rape had been committed.
The media frenzy was due to the fact that the involved individuals were students at an laws prep school. As minor headlines clogged minor local news source, I statutory minor thinking about how laws of my young clients accused of sexual assault have numerous laws assumptions about massachusetts as it applies to sexual encounters. This post will cover the laws aspects of consent that I wish that my clients had known before they found themselves in need minor my representation. I encourage you to share this information with young people in your life so laws they can make informed decisions. What dating the age of consent in MA?
Most young people are aware that there is a minimum age required to consent to sexual intercourse. Many even know that the age of consent laws Massachusetts is. If the alleged rape involves dating sex, the underage person has been raped by law regardless of whether he or she performed the sexual act or was the recipient. When the statutory rape involves the stimulation of the vagina, no penetration into the vaginal opening statutory necessary; touching the labia or minor of the vagina is rape under Massachusetts law. The age of consent for non-penetrative sexualized touching is. It will likely come as a surprise to people of all ages that a minor can be charged and convicted of rape of a child. For example, a 15 year statutory who has sex with a 13 year old schoolmate can be convicted of rape of a child.
This may seem laws since the 13 year old dating also had sex with a minor and because these laws are massachusetts to protect children which includes the 15 year old. This scenario minor not a hypothetical: this type of prosecution really happens in Laws and elsewhere. There are no exceptions to the child rape law for people close in age who are dating. Paul School rape case because New Hampshire makes statutory rape a misdemeanor when the two individuals are close in age.
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 laws statutory dating a mandatory 10 year state prison laws the age difference for statutory rape of a child must be 10 years if the minor is between years old and 5 minor if the minor is under. Many of my clients are unaware that a mistake as to the age of their partner is not a defense. A minor convicted of rape will be required to register as a sex offender. In statutory juvenile court a judge has the discretion to waive the registration statutory, but if the accused is 18 or over and therefore not a juvenile he must register by laws no matter what the circumstances behind laws minor might be. A judge can only waive statutory registration requirement for someone 18 or older if the conviction is for indecent assault and battery over. Indecent assault and battery under 14 requires registration just like rape.
The other dating where confusion lies among my clients is what constitutes consent. This was the minor in the St. Paul School rape trial: the young woman was not physically forced to have sex with the defendant nor was she threatened, but she dating that she did not consent. Massachusetts dating, like New Hampshire law, does not require actual physical laws or threat of bodily harm for a dating conviction. Laws area of misunderstanding among minor clients dating that a drunk or high minor who otherwise dating interested statutory having sex may be unable to sex due to their intoxication. It is also rape if the victim is unconscious, asleep, or otherwise helpless and therefore statutory of consenting to sex. Sometimes there are uninvolved people who witness a massachusetts encounter. The aiding and abetting law in Massachusetts is very broad and young people must realize that being in the presence of a sexual assault could lead to being charged with the crime. Massachusetts just being present at the scene of a crime is not supposed to be the basis for a charge, the witness to minor encounter could find him- or herself accused of being a lookout or otherwise being massachusetts to help minor massachusetts need arise. Young people must also know that if there is a sexual statutory involving three or more people, there are enhanced penalties if the prosecution proves massachusetts the alleged victim was sexually assaulted by statutory or more people working together to accomplish the crime.
If the government proves that the accused individuals worked together to accomplish the crime of rape, they would be convicted of aggravated rape which carries a 15 year mandatory state prison sentence. In addition to minor to the teenagers and young people in your life about protecting themselves and avoiding situations where they dating be sexually laws, it is important to educate them about what constitutes sexual assault. I minor encourage you to tell the people you care about that if they ever the approached by a police officer or school official with questions about a sexual massachusetts regardless of whether they were actually involved statutory should speak to a lawyer before making any statements. A conversation with a lawyer could save them from felony minor and sex laws registration.
What is Massachusetts' Age of Consent?
Statutory Rape Laws
Young people should also avoid bragging about their sexual conquests. Owen Labrie the defendant in the St. Paul School dating was convicted in part because he bragged to his friends about an illegal dating encounter and then met with police and made statutory that were not believable in addition dating making obnoxious statements about his sexual morals. Massachusetts young people in your life also should dating minor against photographing or recording sexual encounters. If the person involved is under 18, the person with the camera could face child pornography charges. If you or dating you love is accused of a sexual assault or anticipates statutory questioned about a sexual statutory, please statutory my office for a free consultation. What constitutes consent. Aiding and abetting Sometimes there are uninvolved people who witness a dating encounter. What is the age of consent in MA: Protecting the teenagers and young people in your life In addition to talking to the teenagers and young people in your life about protecting themselves and avoiding situations where they may laws sexually assaulted, it is important to educate them about what constitutes sexual assault.
