Legal Question in Criminal Law in Massachusetts
she's 16
i have a friend who had sexual intercourse with a 16yr old can he go to jail even if she consent? He's 23 and so scare after what he done. Also, even if she doesn't press charges can the state still imprisoned him?
2 Answers from Attorneys
Re: she's 16
It is unlikely.
In Massachusetts, our statutory rape law is in play when a person is under 16. (Mass. General Laws chapter 265, section 23).
Even if the girl was only just 16, the law pertaining to those under 16, unlawful sex, and age differences does not even appear to apply--the most applicable provision would require a 10 year age difference between the girl and your friend. In your case, it appears the two people are only 7 years apart. (Mass. General Laws chapter 265, section 23A.
The only realconcern would be under a law that punishes those who induce a person under age 18 to have sex. (Mass. General Laws chapter 272, section 4). However, it appears that the last real time a charge was brought under this statute was in the late 1980's.
Re: she's 16
YOur friend has major problems, and as for sentencing possibilities, one would need to know much more.
If he wants to talk or consult, have him contact me.
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