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COMMONWEALTH v. WILBUR W.

SJC-12351.

479 Mass. 397 (2018)

COMMONWEALTH v. WILBUR W., a juvenile.

Supreme Judicial Court of Massachusetts, Essex.

April 25, 2018.

Attorney(s) appearing for the Case

Joseph Maggiacomo, III , for the juvenile.

Marina Moriarty , Assistant District Attorney, for the Commonwealth.

The following submitted briefs for amici curiae:

Yale Yechiel N. Robinson, pro se.

Robert F. Hennessy & Merritt Schnipper for Youth Advocacy Division of the Committee for Public Counsel Services.

Gary D. Buseck , Bennett H. Klein , & Patience Crozer for GLBTQ Legal Advocates & Defenders & another.

Marsha L. Levick , Riya S. Shah , & Lisa Swaminathan , of Pennsylvania, for Juvenile Law Center & another.

Present: GANTS, C.J., GAZIANO, LOWY, BUDD, CYPHER, & KAFKER, JJ.

The crime of statutory rape, G. L. c. 265, § 23, is a strict liability offense. To prove statutory rape, the Commonwealth is required to establish that the accused had sexual intercourse with a person who was less than sixteen years old at the time. See Commonwealth v. Bernardo B., 453 Mass. 158

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