I seem to be confused about Statutory Rape laws as it applies to teenagers. In MA, the age of consent is 16. I was always under the impression that if two 15 year olds have sex it would not be statutory rape. However in MA, since those under 16 can not consent it is statutory rape ( I suspect it is usually the male in who is charged not the female even if they are the same age.)

http://www.boston.com/news/local/massachusetts/articles/2005/06/02/deal_okd_in_milton_academy_sex_case/?page=full

Here is what Alan Dershowitz said in the article:

Under state law, the girl also could have been charged with statutory rape for performing oral sex on the 15-year-old boy, said Dershowitz. It is unlawful in Massachusetts to have sex with anyone under 16, but state law lets prosecutors decide whether to press charges. ''The idea that these youngsters should be branded rapists and the girl should be labeled a victim is preposterous," he said.

This sucks.

Another article about a boy and girl under 16 having sex ( they are both same age) in MA. Only the male is prosecuted.

http://rappaportbriefing.net/2011/05/21/why-massachusetts-needs-a-romeo-and-juliet-law/