Statutory Rape Defense
An individual commits the crime of statutory rape when he engages in sexual intercourse with a person under the age of 16. Because it is a strict liability crime, the prosecution is not required to prove intent. Unlike with rape, the prosecution need not demonstrate that the defendant used either force or threat to persuade the victim to submit to sexual relations.
That the victim appeared to be older than 16 years of age or possessed identification misrepresenting her age is no defense to a charge of statutory rape. Since a child is not considered capable of giving consent, a defendant cannot successfully claim the victim consented. Further, that the individual charged with statutory rape is the boyfriend of the victim and not much older than she is no defense to the charge.
To convict a defendant of statutory rape, the Commonwealth must prove, beyond a reasonable doubt, the defendant: Unlawfully engaged in sexual intercourse or unnatural sexual intercourse with a child under the age of 16.
While the unavailability of common defenses to an allegation of rape may restrict a criminal defense lawyer’s ability to successfully defend an individual accused of statutory rape, all may not be lost. If the prosecution possesses no physical evidence, such as DNA, inculpating the defendant, or that evidence can be discredited, a Cambridge Sex Crimes Lawyer may be able to challenge the alleged victim’s testimony through effective cross-examination. It is in such cases where an advocate’s trial skills may prove critical to obtaining an acquittal.
Under G.L. c. 265, §23, a conviction for statutory rape may be punished by imprisonment for any term of years, including life in prison. Statutory rape is not subject to a mandatory minimum sentence. However, where the defendant is convicted of a second or subsequent offense, a court will sentence him to a term of not less than five years in state prison.
Contact a Cambridge Sex Crimes Lawyer
If you or a loved one is charged with statutory rape, contact us at 617-492-0055 to schedule a free in-office consultation with an experienced Cambridge Sex Crimes Lawyer.
