Can a 16 year old consent to sex in MA to a 29 year old

Asked over 4 years ago - Mashpee, MA

I have a few questions.
first off I see a personal counselor and which I explained to her how I am 16 and in a relationship with an older man. she of course checked with her advisors and dcf to see if it was legal or not. he is 29 by the way. she came back with yes it is legal nothin anyone can do about it. then a couple months after that my counselor brought in my mom with me during a session to work on my relationship with her. well my mom brought up her concerns of me possibly being with this man. I have always said to her I wasn't with him and he has told her the same. the next day, today in fact, she pulls me put of class and says that's it's illegal she needs to tell authorities. she checked with people and having a sexual relationship with a 29 year old man at 16 is illegal. so she

Attorney answers (2)

  1. Michael L Rich

    Contributor Level 17

    Answered . The Massachusetts Trial Court Law Libraries have put together a great set of links on a page called "Massachusetts Law About Sex" which I linked below.

    I suppose it could be argued that it might be "abuse" under DCF (formerly DSS)'s definition if the counselor had "reasonable cause to believe" that your relationship with this man "causes, or creates a substantial risk of physical or emotional injury," or if the man can be defined as a "caretaker" in relationship to you because "any sexual contact between a caretaker and a child under the care of that individual" also constitutes "abuse". I'll link the definition page below as well as the statutory link about what a counselor is "mandated" to "report".

    On the other hand, a child in DCF custody is allowed to consent to her own "family planning services" which can include contraception. See §11.05 of the Medical Authorizations regulation linked below.

    If the counselor is required to report under §51A, linked below, your right to privacy of your conversations with her is essentially voided. If she is wrong about her insistence on reporting and ignores your reasonable requests that she keep your confidences, you may have a claim against her.

  2. Michael L Rich

    Contributor Level 17

    Answered . The age of consent for sexual relations in Massachusetts is 16. I'll post more in a few minutes after searching to give you some citations.

    Call me at 781-641-3472 if you would like a free, brief initial consultation about your rights.

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