What is the punishment for raping a minor?

Q: Can a minor's consent be used as a defense in statutory rape cases in Massachusetts?

No, in Massachusetts, a minor's consent cannot be used as a defense in statutory rape cases. The law strictly prohibits sexual intercourse with anyone under the age of sixteen, regardless of any perceived consent from the minor.

Q: What should I do if I suspect statutory rape in Massachusetts?

If you suspect statutory rape in Massachusetts, it is crucial to report the incident to law enforcement immediately. You can also contact child protective services to ensure the safety of the child involved. Prompt action is essential to protect the victim and initiate legal proceedings against the perpetrator.

Q: Are there different penalties for different ages of victims in Massachusetts statutory rape cases?

In Massachusetts, the penalties for statutory rape do not vary based on the specific age of the victim under sixteen. The law uniformly applies severe penalties for any sexual intercourse with minors in this age group, emphasizing the seriousness of the crime.

Full question:

I live in Massachusetts with my daughter who is 10 years old. I hired a male care taker aged 30 years for my daughter a month ago. Recently, while I was at work, he forced himself on my daughter, abused her physically and had sex with her. I want to file a complaint against him for rape. What is the punishment that will be given to him?

Category: Criminal
Subcategory: Statutory Rape
Date: 04/07/2025
State: Massachusetts

Answer:

In Massachusetts, statutory rape happens when a person has sexual intercourse with a child under the age of 16. This carries stiff penalties.

Per Annotated Laws of Massachusetts §23:

“Whoever unlawfully has sexual intercourse or unnatural sexual intercourse, and abuses a child under 16 years of age, shall be punished by imprisonment in the state prison for life or for any term of years or, except as otherwise provided, for any term in a jail or house of correction. A prosecution commenced under this section shall neither be continued without a finding nor placed on file.”

Therefore, the care taker may be punished by imprisonment in the county prison for life or for any term of years or for any term in a jail or house of corrections.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What is considered statutory rape in Massachusetts?

In Massachusetts, statutory rape is defined as sexual intercourse with a person under the age of sixteen. The law does not allow for consent from minors under this age, meaning any sexual activity with them is considered a crime, regardless of the circumstances.

What are the legal consequences for a caretaker who commits statutory rape in Massachusetts?

A caretaker who commits statutory rape in Massachusetts can face severe legal consequences, including imprisonment in state prison for life or for a specified number of years. The law emphasizes the seriousness of this offense, and such cases cannot be continued without a finding or placed on file (Mass. Gen. Laws ch. 265, § 23).