Commonwealth v. Wilbur W., a juvenile

**398 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 , 172, 900 N.E.2d 834 (2009). As a matter of law, a person below the age of sixteen is deemed incapable of consenting to sexual intercourse. Therefore, lack of consent is not an element of the offense, and the intent of the accused is not relevant. See G. L. c. 265, § 23 ; Commonwealth v.…