that someone could film you without your knowledge & consent...  and the filming be considered legal...  and thus admissable.  Described as secret filming, behind closed doors.  If one closes the doors & locks them...  it would seem one WOULD expect privacy.  Not like sex in a public place or where someone could walk in.  
Grounds for an appeal?  

-- Modified on 2/20/2013 2:41:08 PM

especially with all the high profile individuals involved...  if questionable rulings are not handed down, knowing full well that they'll likely be reversed on appeal...  and was the purpose to supply grounds for that appeal?  

The shades are drawn, the door is closed & locked.  It would seem common sense that there is an expectation of privacy.   If I was screwing my HS GF behind closed doors...  we're not married...  that's illegal.  Does that mean we have no right to expect privacy?

At the time we were both under 16...    Mass has never repealed these.   I would not have wanted to be the test case, because in that long ago era, things were different.  There is no exemption for both minors of equal age.
HV

Child Under Sixteen

MGL. c.265, s. 23. [Commonly known as the Statutory Rape Law]. Rape and abuse of child.

Whoever unlawfully has sexual intercourse or unnatural sexual intercourse, and abuses a child under 16 years of age, shall be punished by imprisonment in the state prison for life or for any term of years or, except as otherwise provided, for any term in a jail or house of correction. A prosecution commenced under this section shall neither be continued without a finding nor placed on file.

MGL c.265, s. 23A Rape and abuse of child aggravated by age difference between defendant and victim or by when committed by mandated reporters; penalties

Whoever unlawfully has sexual intercourse or unnatural sexual intercourse, and abuses a child under 16 years of age and:

(a) there exists more than a 5 year age difference between the defendant and the victim and the victim is under 12 years of age;

(b) there exists more than a 10 year age difference between the defendant and the victim where the victim is between the age of 12 and 16 years of age; or

(c) at the time of such intercourse, was a mandated reporter as defined in section 21 of chapter 119, shall be punished by imprisonment in the state prison for life or for any term of years, but not less than 10 years. The sentence imposed on such person shall not be reduced to less than 10 years, or suspended, nor shall any person convicted under this section be eligible for probation, parole, work release, or furlough or receive any deduction from his sentence for good conduct until he shall have served 10 years of such sentence. Prosecutions commenced under this section shall neither be continued without a finding nor placed on file.

MGL c.265, s.23B Rape and abuse of child by certain previously convicted offenders; penalties

Whoever unlawfully has sexual intercourse or unnatural sexual intercourse, and abuses a child under 16 years of age and has been previously convicted of or adjudicated delinquent or as a youthful offender for: indecent assault and battery on a child under 14 under section 13B; aggravated indecent assault and battery on a child under 14 under section 13B1/2; indecent assault and battery on a person 14 or older under section 13H; assault of a child with intent to commit rape under section 24B; rape of a child with force under section 22A; aggravated rape of a child with force under section 22B; rape and abuse of a child under section 23; aggravated rape and abuse of a child under section 23A; rape under section 22; or a like violation of the laws of another state, the United States or a military, territorial or Indian tribal authority, shall be punished by imprisonment in the state prison for life or for any term of years, but not less than 15 years. The sentence imposed on such person shall not be reduced to less than 15 years, or suspended, nor shall any person convicted under this section be eligible for probation, parole, work release, or furlough or receive any deduction from his sentence for good conduct until he shall have served 15 years of such sentence. Prosecutions commenced under this section shall neither be continued without a finding nor placed on file.

In any prosecution commenced pursuant to this section, introduction into evidence of a prior adjudication or conviction or a prior finding of sufficient facts by either certified attested copies of original court papers, or certified attested copies of the defendant's biographical and informational data from records of the department of probation, any jail or house of correction or the department of correction, shall be prima facie evidence that the defendant before the court has been convicted previously by a court of the commonwealth or any other jurisdiction. Such documentation shall be self-authenticating and admissible, after the commonwealth has established the defendant's guilt on the primary offense, as evidence in any court of the commonwealth to prove the defendant's commission of any prior conviction described therein. The commonwealth shall not be required to introduce any additional corroborating evidence or live witness testimony to establish the validity of such prior conviction.

MGL c.272, s. 35A. Unnatural and lascivious acts with child under 16.

Whoever commits any unnatural and lascivious act with a child under the age of sixteen shall be punished by a fine of not less than one hundred dollars nor more than one thousand dollars or by imprisonment in the state prison for not more than five years or in jail or the house of correction for not more than two and one half years, and whoever over the age of eighteen commits a second or subsequent such offence shall be sentenced to imprisonment in the state prison for a term of not less than five years.

Commonwealth v. Bernardo B., 453 Mass. 158 (2009). Where a boy under 16 was charged for statutory rape for sexual activity with girls under 16, and only the boy was charged, the boy was entitled to discovery of statistical information relevant to his claim of selective prosecution.

Commonwealth v. Miller, 385 Mass. 521 (1982). The offense of statutory rape, G. L. c. 265, § 23, may be committed with or without any knowledge on the defendant's part of the age of the victim.

Commonwealth v. Elder, 389 Mass. 743 (1983). "Consent is not a defense to a charge of statutory rape."

Commonwealth v. Knap, 412 Mass. 712 (1992). "The only elements the Commonwealth must prove are (1) sexual or unnatural sexual intercourse with (2) a child under sixteen years of age"

Child Under Eighteen

MGL c.272, s. 4. Inducing person under 18 to have sexual intercourse.

Whoever induces any person under 18 years of age of chaste life to have unlawful sexual intercourse shall be punished by imprisonment in the state prison for not more than three years or in a jail or house of correction for not more than two and one-half years or by a fine of not more than $1,000 or by both such fine and imprisonment.

Fornication

MGL c.272, s. 18. Fornication.

Whoever commits fornication shall be punished by imprisonment for not more than three months or by a fine of not more than thirty dollars.

Fort v. Fort, 12 Mass. App. Ct. 411 (1981). "The crimes of fornication, adultery, and lewd and lascivious cohabitation are never, or substantially never, made the subject of prosecution."

Attorney Gen. v. Desilets, 418 Mass. 316 (1994). "This statute is of doubtful constitutionality, at least as applied to the private, consensual conduct of persons over the age of consent."
source:  http://www.lawlib.state.ma.us/subject/about/sex.html

-- Modified on 2/23/2013 4:31:34 PM