{"id":374013,"date":"2016-03-31T21:35:32","date_gmt":"2016-04-01T02:35:32","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/massachusetts-law\/massachusetts-prohibited-consensual-sexual-activity-laws.html"},"modified":"2025-05-22T15:59:40","modified_gmt":"2025-05-22T20:59:40","slug":"massachusetts-prohibited-consensual-sexual-activity-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/massachusetts-law\/massachusetts-prohibited-consensual-sexual-activity-laws.html","title":{"rendered":"Massachusetts Prohibited Consensual Sexual Activity Laws"},"content":{"rendered":"\n
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Massachusetts Prohibited Consensual Sexual Activity Laws<\/h1>\n
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\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by FindLaw Staff<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Most people know that Massachusetts law criminalizes rape, sexual assault, and statutory rape. However, it’s less known that Massachusetts, along with most other states, has laws governing consensual sex acts as well.<\/p>\r\n

The State of Massachusetts doesn\u2019t enforce many of these laws, and lawmakers have deemed others unconstitutional. For example, there are still anti-sodomy laws in Massachusetts, but the courts no longer enforce them.<\/p>\r\n

This article will examine some of the sexual acts that Massachusetts law prohibits. It’ll also describe the penalties and defenses for these sex crimes. If you\u2019re facing criminal charges for any offense involving consensual sexual contact, reach out to a skilled criminal defense attorney<\/a>.<\/p>\r\n

Massachusetts Statutory Rape Laws<\/b><\/h2>\r\n

One of the more common consensual sexual activity laws in Massachusetts has to do with statutory rape. Different states refer to this crime in varying ways. Massachusetts law refers to sex with a minor as sexual abuse of an underage child<\/a>.<\/p>\r\n

Unlike many other states, Massachusetts doesn\u2019t have close-in-age exemptions<\/a>, which most lawmakers call a Romeo and Juliet law. Regardless of how close in age the defendant and victim are, the state can still pursue statutory rape<\/a> charges against the older party. The justification for strict statutory rape laws is that someone 16-years-old or younger cannot possibly consent to the sexual conduct.<\/p>\r\n

In the Commonwealth of Massachusetts, charges of statutory rape apply in the following situations:<\/p>\r\n