rape or consent?

Question

If a 18 year old boy and 16 year old girl (in MA) have sex: is that old enough for consent?? Is it considered statutory rape?

does alcohol make a difference

Answer 1

In Massachusetts, inducing a teenager (who is a virgin) between the ages of 16 and 18 to have sex is illegal. However, it's only ever been prosecuted once (on a man who paid a boy to perform oral sex on him). Effectively, the age of consent is 16.

Alcohol DOES affect the situation -- someone under the influence cannot legally give consent.

Answer 2

I dont know MA law. But even if there was consent, in theory the underage kid or teen is nt mature enough to make sexual decissions. It would be consider rape even if there was a consent because of the age. Even if the 18 year old boy says he was victimized by the 16 and the 16 was the one with the idea of havig sex.
About alcohol yes it does a difference if someone gave someone else a drink with the intention to have that relation, although im not sure what would be if both were drunk I dont believe it would be rape because there wasnt enough conscience to take decission from both parts.
In some locations like Holland or Amserdam, legal age to drink and have sex is 16, so if the girl was from Amsterdam well maybe she felt grown up I dont know.....

Answer 3

I looked it up in 2 different places, including the actual statute for Massachusetts. A link to the statute is shown below.

The Massachusetts age of consent is 16. If you have intercourse before your 16th birthday the person who persuaded you to have sex is probably guilty of a felony.

I say " probably " because there are numerous exceptions to the law. In addition, some prosecutors may decline to prosecute unless the evidence is clear and convincing.

I should tell you that I'm not an attorney. However, for a number of years, I had a paralegal business based in family law. The primary thing I learned during the time I was in the legal business is that nothing is cut and dried. The only way to be absolutely sure is to go down to your local cop shop and tell them what happened.

Answer 4

Legally, you must be 18 to give consent. But, since the boy is not that much older, whether the state would prosecute for statutory rape is debatable. They would be more likely to prosecute if he were over 21 and she were 16.

Answer 5

Old enough for consent, not statutory rape, alcohol would not be a mediating factor as both were under the legal age of purchase.

Answer 6

As http://www.mafamily.org/StatutoryRape.htm says, "The age of consent ranges from 14 to 18 years of age, although in more than half of the states - including Massachusetts - the age of consent is 16."

Answer 7

In MA, the age of consent is 18.

Answer 8

Sixteen is generally the age of majority...but you'd have to check local laws. If anyone over the age of 18 has sex with anyone under the age of majority...it is statutory rape. It doesn't matter why, if the person didn't know....it's strict liability.

Answer 9

Obviously you didn't consent - or you wouldn't be asking this question. Since you didn't consent - this is called rape at any age. You could call law enforcement - but understand that if it is carried to conclusion in the legal system, you will probably have to testify in court.

Answer 10

depends on if you knew what you were doing even under the influence. do the state laws indicate that sex ,even consentual, by someone 16 yrs old or younger, is statuatory rape? thats the question here. sounds like you and the boyfriend had a bit to drink and had sex, is that true? he had better watch himself, if your parents find out he got you drunk and since hes 18 they could charge him with "corruption of a minor" for allowing you to consume alcohol, since by law hes considered to be an adult. and rape could be added to that since your parents could argue that you didnt know what you were doing since you were under the influence. Would your parents do that? you do know that since you live with them that basically what they say goes until you are 18