Legal Question in Criminal Law in Massachusetts

age of consent/laws of dating

I recently fell in love with my former basketball coach at the YMCA. He no longer holds his position there, after my parents found out we had been seeing eachother.

We did not have a sexual relationship, doing nothing beyond kissing. My parents are telling me I'm not allowed to see him, for he is 27 and I'm 17. I'm aware the age of consent in massachusetts is 16,but does this mean that even if we were having sex, my parents would not be able to press charges aginst him as long as I gave consent?

Another issue, because this happened at the YMCA, my parents told me that DSS involved, and that if i am seeing him, DSS could put me in foster care. I'm skeptical if that information is true or if it is just a scare tactic for me not to see him. Could DSS put me in foster care?

My big question is, if I continued to see him before I turned 18, and I'm a ''leagal adult'' and my parents found out, as long as we did not travel across state lines, could my parents press charges or get a restraining order?


Asked on 9/19/04, 7:06 pm

2 Answers from Attorneys
Patricia Joyce Law Office of Patricia M. Joyce

Re: age of consent/laws of dating

The age of consent is NOT 16 - it is EIGHTEEN (18). Your coach could be criminally prosecuted and would most likely lose his job if your relationship continues --- with or without a restraining order.

Your best course of action would be to END THIS RELATIONSHIP NOW.

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Answered on 9/19/04, 8:14 pm
J. Whitfield Larrabee J. Whitfield Larrabee

Re: age of consent/laws of dating

Sex with a child under 16 is considered statutory rape in Massachusetts. A related statute, ch. 272 sec. 4, makes it a crime to induce a person under 18 to have sexual intercourse. It provides for up to 3 years in the state prison or up to 2.5 years in the house of corrections. Your coach would seem to be risking prosecution under this statute if he were to have sexual intercourse with you. If you were to get preganant, for example, this would tend to prove that you had engaged in sexual intercourse with someone, and might result in charges issuing.

If charges did issue, which would be extremely unfortunate for all parties involved, it would seem to me that the word "induce" as used in the statute could be important in such a case. If you were the inducer rather than your coach, this would seem to be a defense.

It would make sense to abstain from a sexual relationship with your coach at least until you reach the age of 18.

Whether you parents could press charges or get a restraining order if you continue to see him would depend on many factors which would vary with the circumstances.

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Answered on 9/20/04, 1:01 pm


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