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).Having sex with an underage person in Massachusetts can lead to a conviction for “Rape of a Child.” While some states have a separate crime of statutory rape for when the underage person is close to the age of consent, Massachusetts does not offer such a distinction.This means that an 18 year old convicted of having sex with his 15 year old girlfriend would have a conviction of “Rape of a Child” on his record. Most young people are aware that there is a minimum age required to consent to sexual intercourse.
Like with the rape statute, an indecent assault and battery can occur regardless of whether the alleged victim was given, for example, a “hand job” or if he performed a “hand job.” The touching does not need to be of a body part that is considered “private,” as long as the touching is “morally offensive.” 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.
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).
This means that an 18 year old who used his hand to stimulate his girlfriend’s vagina would be convicted of a felony that does not carry a mandatory sentence but could still result in a state prison sentence.
Indecent assault and battery under 14 requires registration just like rape.
The other area where confusion lies among my clients is what constitutes consent.