David Avery, 31 of Tewksbury, was arraigned yesterday in Salem District Court on two counts of Statutory Rape against a 14 year old girl.
According to the Essex County District Attorney’s Office, the girl mistakenly sent Avery a text message earlier this summer. Avery continued to text with the girl, however, and eventually convinced her to meet with him sometime in August after a back and forth of sexually explicit text messages. The girl alleges that she me with Avery in a wooded area in Salem on August 21, where he sexually assaulted her.
The Sex Crime of Statutory Rape carries a potential punishment of a state prison sentence for any term of years, up to life. Additionally, a conviction for Statutory Rape, as with other Sex Crimes, would render Avery subject to Sex Offender Registration with the Massachusetts Sex Offender Registry and could result in a term of community parole supervision for life.
Statutory Rape is what’s called a ‘strict liability crime,’ meaning that even consent of the victim, and/or reasonable mistake as to the age of the victim is not a defense.
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