Consent Laws
Massachusetts

Consent is not specifically defined. The standard in the sexual assault statutes is whether the accused compels the victim to submit by force and against his or her will, or compels such person to submit by threat of bodily injury. Mass. Gen. Laws. Ann. Ch. 265 §22.

Not specified.

16 to 18 years old depending on the crime below.

• Statutory rape is defined as sexual intercourse or unnatural sexual intercourse with a child under 16. Mass. Gen. Laws. Ann. ch. 265, § 23.
• It is a crime to induce a person under 18 of chaste life to have unlawful sexual intercourse. Mass. Gen. Laws. Ann. ch. 272 §4.   
• A child under the age of 14 shall be deemed incapable of consent to contact of a sexual nature with a law enforcement officer while under detention.  Mass. Gen. Laws. Ann. ch. 265, §13H 1/2.

Difference in age may impact the punishment for the defendant but does not impact the ability of the victim to consent. Whoever unlawfully has sexual intercourse or unnatural sexual intercourse with a child under 16, and (a) there exists more than a 5 year age difference between the defendant and victim and the victim is under 12 or (b) there exists more than a 10 year age difference between the defendant and the victim and the victim is between 12 and 16, shall be punished by imprisonment for a minimum of ten years. Mass. Gen. Laws. Ann. ch. 265, §23A.

No. However, the punishment for indecent assault and battery on an elder (a person sixty years of age or older) is more severe. Mass. Gen. Laws. Ann. ch. 265, §13H.

A person over the age of sixty is deemed incapable of consent to sexual contact with a law enforcement officer while the person is under detention.  Mass. Gen. Laws. Ann. ch. 265, §13H 1/2.

Yes, if the victim was incapable of consenting due to such developmental disability and/or mental incapacity. Com. v. Fuller, 845 N.E.2d 434, 66 Mass.App.Ct. 84 (2006).

The punishment for indecent assault and battery on a person with a disability (a person with a permanent or long-term physical or mental impairment that prevents or restricts the individual’s ability to provide for his or her own care or protection) is more severe. Mass. Gen. Laws. Ann. ch. 265, §13H and §13K (defining “person with a disability”).

A person known to a law enforcement officer as having an intellectual or physical disability is deemed incapable of consent to sexual contact with a law enforcement officer while the person is under detention.  Mass. Gen. Laws. Ann. ch. 265, §13H 1/2.

See above.

Yes, if the victim is so impaired as to be incapable of consenting to intercourse. Com. v. Blache, 880 N.E.2d 736, 743, 450 Mass. 583, 592 (2008).

Yes, if such intoxication renders the person incapable of giving consent. Com. v. Urban, 880 N.E.2d 753, 450 Mass. 608 (2008).  Fact of intoxication, by itself, does not necessarily mean that an individual is incapable of deciding whether to assent to a sexual encounter.  Id.

No.

However, it is aggravated statutory rape (which carries a harsher punishment) for a person that is a “mandated reporter” at the time of the act to have sexual intercourse or unnatural sexual intercourse with a child under 16 years of age. Mass. Gen. Laws. Ann. ch. 265, §23A.

“Mandated reporter” means a person who is:

• (i) a physician, medical intern, hospital personnel engaged in the examination, care or treatment of persons, medical examiner, psychologist, emergency medical technician, dentist, nurse, chiropractor, podiatrist, optometrist, osteopath, allied mental health and human services professional licensed under section 165 of chapter 112, drug and alcoholism counselor, psychiatrist or clinical social worker;
• (ii) a public or private school teacher, educational administrator, guidance or family counselor, child care worker, person paid to care for or work with a child in any public or private facility, or home or program funded by the commonwealth or licensed under chapter 15D that provides child care or residential services to children or that provides the services of child care resource and referral agencies, voucher management agencies or family child care systems or child care food programs, licensor of the department of early education and care or school attendance officer;
• (iii) a probation officer, clerk-magistrate of a district court, parole officer, social worker, foster parent, firefighter, police officer, or animal control officer;
• (iv) a priest, rabbi, clergy member, ordained or licensed minister, leader of any church or religious body, accredited Christian Science practitioner, person performing official duties on behalf of a church or religious body that are recognized as the duties of a priest, rabbi, clergy, ordained or licensed minister, leader of any church or religious body, accredited Christian Science practitioner, or person employed by a church or religious body to supervise, educate, coach, train or counsel a child on a regular basis;
• (v) in charge of a medical or other public or private institution, school or facility or that person's designated agent; or
• (vi) the child advocate. 

Mass. Gen. Laws. Ann. ch. 119, §21.

Under indictment charging rape, the prosecution has the affirmative duty to prove beyond a reasonable doubt that sexual intercourse was performed against the will of the victim and without consent, and consent is therefore an issue in every rape prosecution for intercourse to which victim could have legally consented, even where defendant denies that intercourse involving him has taken place.  Com. v. Chretien, 417 N.E.2d 1203, 383 Mass. 123 (1981).

Consent is not a defense to statutory rape; it is a strict liability crime. Com. v. Knap, 592 N.E.2d 747, 412 Mass. 712 (1992).

No. Diminished capacity resulting from the voluntary use of intoxicating liquor is not a defense to rape. Com. v. Rahilly, 410 N.E.2d 1223, 10 Mass.App.Ct. 911 (1980).