By Bob Katzen

The Judiciary Committee held a hearing on legislation that would change the current law under which someone who just turned 16-years-old can be prosecuted for statutory rape for having a sexual relationship with someone just under 16.

The bill establishes a close-in-age exception (often called a “Romeo and Juliet” clause) for certain sexual offenses involving minors, ensuring that consensual relationships between teenagers close in age are not subject to severe criminal penalties. The bill amends laws on indecent assault and battery and statutory rape to prevent prosecution when the defendant is no more than two years older than a minor who is at least 13 years old. It also mandates that juvenile defendants be processed through the juvenile court system rather than adult court when applicable.

“In Massachusetts, someone who just turned 16-years-old can be prosecuted for statutory rape for having a sexual relationship with someone just under 16 years old,” said sponsor Sen. Dylan Fernandes (D-Falmouth). “While the intent of protecting young people is a good one, the way the law currently exists can cause unintended consequences for young people who are in love. Rather than arbitrarily lowering the age of consent, my bill creates a framework that looks at the nature of the age gap between young people and establishes a two-year age difference between the consenting young adults as the determinant of whether criminal charges can be brought.”

Fernandes continued, “Thus, if someone is one month shy of age 16 and has a sexual relationship with someone older, that older person cannot be charged criminally as long as they are no more than two years older than the younger partner – in this case, one month shy of age 18. My bill takes into account the current realities for young adults in Massachusetts and removes the extreme jeopardy of the law as currently written, which provides penalties of up to life imprisonment even for a 16-year-old, who has a sexual relationship with someone just under 16.”