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I'm 17, if I were to engage in oral sexual activities with a 15 year old female in Massachusetts, would it be legal?

New Bedford, MA |

Nothing specific, just casual relations.

Attorney Answers 8

Posted

"Nothing specific, just casual relations?" Oral sexual activities is actually fairly specific and I would dare say, far from "casual relations." Seems to me you are both minors. What do you think her parents would think about the proposed "casual relations?"

San Diego Criminal Defense Attorney--19 years experience. Law Offices of Jay S. Finnecy

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Michael J. Szklasz

Michael J. Szklasz

Posted

It is rather specific for not being specific.

Posted

Even assuming the 15 year old in fact consented, you could be charged with statutory rape and indecent assault and battery under the circumstances you described. This is because the law states that a person under 16 years old is not legally capable of consenting to a sexual act. The fact that it is oral sex and not intercourse does not matter. Do not engage in any sexual act with a person under 16 years old.

Another common occurrence is that the 15 year-old's parents find out about the sex, and then she claims she was forced into it, and then the other person finds himself charged with rape. Do not discuss this matter with anyone or post anything else about this on any online forum. If you cease relations with this other party, make sure to do so in a nice way so that she doesn't get angry and accuse you of a crime.

Dominic Pang

Disclaimer: This answer is provided for informational purposes only and it is not intended as legal advice. Additionally, this answer does not create an attorney-client relationship. If you wish to obtain legal advice specific to your case, please consult with a local attorney.

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Posted

The high cost a casual relationship:
MGL. c.265, s. 23. [Commonly known as the Statutory Rape Law]. Rape and abuse of child.
Whoever unlawfully has sexual intercourse or unnatural sexual intercourse, and abuses a child under 16 years of age, shall be punished by imprisonment in the state prison for life or for any term of years or, except as otherwise provided, for any term in a jail or house of correction. A prosecution commenced under this section shall neither be continued without a finding nor placed on file.
MGL c.272, s. 35A. Unnatural and lascivious acts with child under 16.
Whoever commits any unnatural and lascivious act with a child under the age of sixteen shall be punished by a fine of not less than one hundred dollars nor more than one thousand dollars or by imprisonment in the state prison for not more than five years or in jail or the house of correction for not more than two and one half years, and whoever over the age of eighteen commits a second or subsequent such offence shall be sentenced to imprisonment in the state prison for a term of not less than five years.

This is not legal advice and is not intended to create an attorney-client relationship. You should speak to an attorney for further information.

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Posted

No. A 15 year old cannot consent to sexual activity regardless of your age. This is "statutory rape."

No answer provided by this attorney in this forum is to be considered legal advice. No attorney-client relationship is created in responding to this question, and advice provided is based solely on very limited facts presented, and therefore may not be correct. You are advised that it is always best to contact a competent and experienced with the practice of law in the county in which you reside.

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Posted

No. A 15 year old can not consent. You are an adult for criminal purposes. This is statutory rape.

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Posted

Oral sex is considered typically considered penetration and if committed on 15 year old would be rape of child. As pointed out a15 year old cannot lawfully consent. Rape of child is a life felony in Massachusetts. A lengthy state prison sentence would be received if convicted. Followed by sex offender registry.

However, the one correction I would add is that a consensual touching of a person who is 15 or over that does not include penetration is not a crime in Massachusetts. The law of indecent assault battery on minors deals with persons 14 or under.

Either way it's probably best to wait a year.

Brian Kelley
617-720-0019

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Brian A. Kelley

Brian A. Kelley

Posted

Lawyers commenting on this question should read MGLC 265 sec 13b. Before commenting further in order to give an accurate answer.

Posted

No, and you may find yourself in a prison cell with Bubba who wants the same activities which you will likely have to perform....

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Michael J. Szklasz

Michael J. Szklasz

Posted

Nice answer!

Jay Scott Finnecy

Jay Scott Finnecy

Posted

Perhaps the most succinct and practical answer on this entire thread. Well said, Mr. Lassen.

Posted

Find someone your own age unless you want to go to prison...for a long time.

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