A Framingham High School student was arrested on Massachusetts Sex Crimes Charges and arraigned in Framingham Juvenile Court today on charges including Rape of a Child and Indecent Assault & Battery on a Child Under 14.
According to the Framingham Police Department, the student (whose name was not released because he is a juvenile) was arrested yesterday at Framingham High School for allegedly raping the 14 year old classmate on a school bus Wednesday afternoon. No additional information has been released at this time, including whether there were any witnesses and/or if the bus was in operation or had other passengers.
Notwithstanding the lack of information that has been released concerning these alleged acts, by virtue of having been charged with Rape of a Child, the suggestion is that the sexual conduct allegedly committed as not consensual.
By definition, the criminal offense of Rape of Child involves the sexual intercourse with a child under 16, where the child is compelled by force against his/her will to engage in the act.
By contrast, the Sex Crime of Statutory Rape involves a sexual act that was not carried out under the guise of force.
Additionally, the Sex Crime of Indecent Assault & Battery on a Child Under 14, by definition, involves an alleged touching consisting of an 'indecent' act against a child under 14. For purposes of Massachusetts law, an 'indecent act' is one that is "fundamentally offensive to contemporary standards of decency, most often involving touching the portions of the anatomy thought private.
As with many Massachusetts Sex Crimes, being charged with Rape of a Child and Indecent Assault & Battery on a Child Under 14 is extremely serious, and the consequences upon a conviction for this young man can be devastating. Aside from the potential for commitment to the Department of Youth Services, this defendant could also face Sex Offender Registration; submitting his DNA to the Massachusetts DNA Database; subject him to a term of community parole supervision for life; and could also serve as a predicate sexual offense for civil commitment as a 'sexually dangerous person."