Massachusetts dating laws
It is also rape if the victim is unconscious, asleep, or otherwise helpless and therefore incapable of consenting to sex.
Sometimes there are uninvolved people who witness a sexual encounter.
The senior claimed that they fooled around but never had sex and the jury ultimately ruled that statutory rape (but not forcible rape) had been committed.These so-called “Romeo and Juliet” exceptions were mentioned in the St.Paul School rape case because New Hampshire makes statutory rape a misdemeanor when the two individuals are close in age.Another area of misunderstanding among my clients is that a drunk or high person who otherwise seems interested in having sex may be unable to consent due to their intoxication.
I have heard so many protests along the line of “but we were having a good time” or “she was totally into it” but if he or she was too far under the influence to consent to the encounter, then it is rape.Most people know that if a person is physically forced to participate in a sexual interaction, then it is a sexual assault; many also know that if a person submits to a sexual interaction because he or she was threatened with violence if s/he didn’t comply, that also constitutes a sexual assault.