Massachusetts dating laws
Any unconsented touching that does not have penetration (even slight penetration) would constitute an “indecent assault and battery.” What is the age of consent in MA?
The age of consent for non-penetrative sexualized touching is 14.
If the alleged rape involves oral sex, the underage person has been raped by law regardless of whether he or she performed the sexual act or was the recipient.
When the alleged rape involves the stimulation of the vagina, no penetration into the vaginal opening is necessary; touching the labia or vulva of the vagina is rape under Massachusetts law.
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.
The media frenzy was due to the fact that the involved individuals were students at an elite prep school.
Paul School rape case because New Hampshire makes statutory rape a misdemeanor when the two individuals are close in age.If that type of touching is done to a person under 14, who is legally incapable of consent, it would be called “indecent assault and battery under 14.” If the allegation is that the alleged victim is over 14, then the charge would be “indecent assault and battery over 14.” There is no list of the types of acts that could be considered criminal under the indecent assault and battery statute; the act must be a touching that was “fundamentally offensive to contemporary moral values.” Examples of touching that may lead to an indecent assault and battery charge include a “hand job”, touching another person’s genitals over his/her underwear or clothes, fondling of breasts, or grabbing of buttocks (although if the grabbing is underneath the underwear and in close proximity to the anus, the perpetrator could be charged with rape).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.This post will cover the legal aspects of consent that I wish that my clients had known before they found themselves in need of my representation.I encourage you to share this information with young people in your life so that they can make informed decisions.