Westborough, MA asked in Criminal Law for Massachusetts

Q: I’m 17 and my gf is 14. She’s gonna be 15 in feb and I’m gonna be 18 in feb also. Would I get in trouble for dating her.

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2 Lawyer Answers

Lissa McKinney

Answered
  • Criminal Law Lawyer
  • Acton, MA
  • Licensed in Massachusetts

A: This is about more than 'trouble'. You are asking the question which is smart, but you probably already know the answer you are getting. You can get into all kinds of trouble you can't even imagine.

It is legal to 'date' so long as her parents are all on board about the 3 year age difference. If they are not, walk away because it will be a big problem if/when they get wind of it. The decision to date her is all about the risks you are willing to take and whether the consequences are worth it. I can't think ANY lawyer would think they are.

The legal age for sex of any kind is age 16 in MA. ANYTHING younger will result in a statutory rape charge. No one under the age of 16 is considered legally capable of consenting to sex which includes oral and any penetration of any kind. So if your "dates" are only about kissing and holding hands for 1 1/2 years -great.

A relationship is always great while it is going well, but the fall-out could be devastating for you; life altering. If you break up with her, cheat on her, or it falls a part, she has only to say you had sex before she was 16; or that you touched her breasts or private parts. (Indecent assault and battery).Aside from the problems her parents could create like getting a restraining order. MA also has Sex Offender Registry, and getting on that means 20 years of difficulty finding places to live, apartments, jobs etc.

You are young yourself and have to think about the future you might want, and the impact your choices now can have on it. I have seen this movie too many times over a career. False accusations are all too easy to make, and remember, this is the 'me too' generation. Women making accusations expect to be believed. To this day I get calls from human resource departments that want to know about criminal record entrys relating to sex cases.

Do you really want to risk your future and life goals?

You are and in a relationship now with a girl just barely beyond adolescence. This impacts you both socially too. She may choose not to participate in all her high school events and activities, or engage in ordinary social interactions with her peers because you are so much older. You are in very different places in your lives. Never mind if she gets pregnant. Let her be a teen. If you have any instinct for self preservation, walk away.

Dakota Martin

Answered
  • Criminal Law Lawyer
  • Boston, MA
  • Licensed in Massachusetts

A: Dating? no.

Sex? You could be looking at statutory rape, a charge there is no defense to other than, "I didn't do it"

google Mass General Laws, or MGL and statutory rape. You should find more info.

https://https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapter265/Section22.gov/Laws/GeneralLaws/PartIV/TitleI/Chapter265/Section22

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