Massachusetts Statutory Rape Laws

The Statute of Limitations in Massachusetts is 10 years from the date of commission of the alleged crime. This means that for a person to be charged with statutory rape, it must have happened within a period of one year from the date of this violation. Therefore, if two people are involved in a sexual act and one is under the age of 14, and the other is a resident of Massachusetts, but the person who actually committed the crime is younger, he or she can still be prosecuted for statutory rape.

Statutory Rape Laws

Conversely, if two people are involved in a sexual act and one is under the age of 14 and the other is a resident of Massachusetts, but the younger person commits the crime of rape, he or she can still be prosecuted for sodomy. Therefore, the age of the defendant is not a factor when determining whether or not a charge will be filed.

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Statutory rape, like most other sexual crimes, is a form of misdemeanor in Massachusetts. Like all other misdemeanor offenses, it is possible for a person convicted of statutory rape to be placed on probation Massachusetts age of consent. If the judge decides to give a person convicted of this crime probation, he or she must obey the court’s commands and remain confined within the confines of the probation agreement for a specified amount of time.

Massachusetts also recognizes two forms of familial status under the law. Under s. 495 of the Massachusetts statutory rape laws, a child is considered to be under a child bearing age if the child is not able to speak or understand the words “no” or “no consent.” A child may not be charged with statutory rape if the child is able to understand the words “yes” or “no” and is capable of exercising reasonable judgment.

If a person marries a person who is not of legal age and has a child together, then both the father and the mother are legally regarded as “known” parents under the law. In this situation, the suspect would likely be prosecuted under the sexual abuse statute.

Another scenario under which statutory rape is charged involves situations where a child is present at the time of an intercourse act and is either partially or fully unaware of the sexual act that is occurring. For example, in a case where a man invites his female friend to his house and they engage in a sexual act, the woman is not legally considered to be a victim of statutory rape because she was not “knowing” that she was being sexually assaulted.

Likewise, if a man brings his underage son or daughter to his house and the couple engages in a sexual act, the man is not guilty of statutory rape even though he may have thought that his son or daughter was old enough to understand the words “no” and “consent.” Because minors are generally not considered capable of understanding or comprehending the sexual content of a transaction, they are not “known” parents and cannot be charged with statutory rape.

The only way a person can be prosecuted for statutory rape is if he actually has sex with the victim. If the defendant is caught without having sex with the victim, he can still be prosecuted if he has sex with the victim after he is aware that the victim is not consenting. Even in this situation, however, the age of the defendant can be used as a legal defense, and the charge can be dismissed.

There are certain states, such as Illinois, where a person cannot be charged with statutory rape if he engaged in a sexual act with his wife, girlfriend, or intimate partner; the act must have occurred in their home state, or in another state that the plaintiff did not know the law.

Massachusetts statutory rape laws are notoriously complex and it is best to hire a reputable lawyer to navigate the complex waters of this area of the law. It is very common for a person to be accused of statutory rape when he engaged in a normal, innocent act between him and his loved one.

The court system and the legal system of the state can be tough on people who attempt to defend themselves against this accusation, but with the help of an experienced lawyer, a person can avoid the risks inherent in trying to defend himself against this accusation. It is also important to remember that once a person is accused of statutory rape, he or she may find that it will be nearly impossible to find employment in the legal field, since many employers do not hire people with past sexual assault convictions.

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