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Statutory Rape

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Defending those Accused of Statutory Rape

Statutory rape is defined by G.L. c. 265, §23 as unlawful sexual intercourse or unnatural sexual with a child under the age of sixteen. More specifically, to convict a defendant of statutory rape in Massachusetts, the prosecutor must prove beyond a reasonable doubt:

The defendant engaged in sexual intercourse or unnatural intercourse with the alleged victim; and,
The alleged victim had not yet reached the age of sixteen years old.

Importantly, because the prosecutor need not prove that the defendant employed force or that the alleged victim did not consent to the encounter these cases present unique challenges to criminal defense lawyers.

Defenses to Statutory Rape Charge

Because statutory rape is classified as a “strict liability” crime in Massachusetts, many of the common defenses a defendant may raise to a criminal charge are unavailable. For example, that the defendant was mistaken as to the child’s age is no defense to the charge, even where the child appears to be over the age of sixteen or informs the defendant she is sixteen years of age or older. Moreover, that a child “consented” is not a valid defense since a child, as a matter of law, is incapable of consenting. The only legally valid defense to a charge of statutory rape is the defendant’s denial that he had intercourse of any kind with the alleged victim. Where the alleged victim is prepared to testify against the defendant, the criminal defense lawyer must be fully prepared to discredit her with a thorough, well-structured and effective cross-examination.

Defending an individual accused of any serious sex offense is no small task. Prosecutors assigned to the Sexual Assault Units of their respective District Attorney’s Offices prosecute only sex crimes, and their experience in trying these cases is exceeded only by their determination. If you are charged with a sex offense, such as statutory rape, you no doubt recognize that you are confronted with an enormous challenge. Choosing the right lawyer to represent you is your most important decision. Select a a lawyer who will meet with you, patiently listen to your side of this ordeal, explain the process to you, thoroughly investigate and analyze the allegations and the alleged victim, and formulate a strategy to navigate you to safety.

Penalties for Statutory Rape

A conviction for statutory rape is punishable by life imprisonment or by any term of years. Unlike the crime of forceable rape of a child, statutory rape is not subject to a mandatory minimum sentence. Where, however, the defendant is convicted of a second or subsequent offense, he will be sentenced to a term of not less than five years in state prison.

Defending a person accused of a serious sex crime is no small task. The assistant district attorneys assigned to the Sexual Assault Units of their respective offices prosecute only sex crimes, and their experience in trying these cases is exceeded only by their single-mindedness. With so much at stake, choosing the right lawyer to represent you is critical – a lawyer who will take the time to sit down with you and patiently listen to your side of this ordeal, explain the judicial process, thoroughly investigate and analyze the case against you, and formulate a strategy to navigate you to safety.

Kevin J. Mahoney is a Statutory Rape Attorney in Cambride, Massachusetts. Call us at 617-492-0055 to schedule a free in-office consultation with Attorney Mahoney.

Testimonials

  • NS, a DUI client,about 1 month ago

    Attorney Mahoney,

    I just wanted to say thank you for such a wonderful and excellent job you did for me. You were quite impressive up there and you really did your homework catching her in a few lies from previous testimony. You are the best! Even though I never want to be in this situation again, if I know anyone I will give them your name.

    Thank Amy for me too! She is a great asset to have in your office! Very pleasant and understanding.

    Again thank you and go Celtics!
     

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  • about 1 month ago

    Kevin Mahoney recently represented me in a case for destruction of property and disorderly conduct. He was extremely thorough and persistent, and despite a great deal of evidence against me, he managed to get the felony charge dropped without having to go to trial.

    I had never been in legal trouble before and had no idea how to proceed, and without his counsel, I am sure that I would have gotten convicted.

    He listened to my specific needs and always acted in my best interest. His knowledge, attention to detail, and general courtroom presence continued to amaze me throughout the entire process.
     

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  • M.K.about 1 month ago

    Dear Attorney Mahoney:

    I wish to express my sincere appreciation for your efforts on my behalf. Your defense was truly outstanding. The court room skills that you demonstrated and legal knowledge were truly incomparable. I’m wishing you the very best in your future endeavors.

    In addition, I ‘m looking forward to viewing the Jello Trial on Court T.V. Let me thank you once again.

     

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  • about 1 month ago

    Attorney Mahoney,

    Is very knowledgeable and very professional. He has just represented me in a case lasting a year and a half, and he made sure I got a fair trial with a fair jury. He kept me well informed about what would be happening in the court room and always had a well thought out defense for any route of attack the D.A. would be planning on.

    My trial took 2 and a half days and after the jury deliberated for approximately 23 minutes they came back with a “Not guilty” verdict. I would recommend Attorney Mahoney to anyone I know, but I sure hope I dont need him again. : ) .
     

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Kevin J. Mahoney’s New Book Coming Soon

The Title IX Sexual Harassment Handbook

"Attorney Mahoney is currently authoring an authoritative and strategy driven compendium on investigating and defending Title IX sexual assault cases for lawyers, students, and universities. The book will be available through James Publishing within months."

Practice Areas

  • Assault with Intent to Rape
  • Rape & Aggravated Rape
  • Prostitution
  • Statutory Rape
  • Indecent Assault & Battery
  • Sexting Crimes
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