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Commonwealth v. Wilbur W.

Massachusetts Supreme Judicial Court
95 N.E.3d 259 (2018)

Written by Nathan Benedict, JD

Facts

Wilbur W. (defendant), a 12-year-old minor, was convicted of statutory rape in connection with sexual activity with an eight-year-old (the victim). Wilbur had initiated the sexual encounter and instructed the victim to go to an area where they would not be seen. The victim testified that he complied because he feared what Wilbur would do to him if he did not comply. Wilbur argued that the sexual encounter was consensual. Under Massachusetts law, statutory rape consisted of any sexual intercourse with a person under the age of 16. A victim’s lack of consent was not an element of the offense. Wilbur was convicted and appealed. He argued that convicting a juvenile for consensual sexual activity with another minor was unconstitutional and that the decision to prosecute him and not the victim was arbitrary and violated equal protection.

Rule of Law

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Issue

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Holding and Reasoning (Gaziano, J.)

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Concurrence (Gants, C.J.)

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