Massachusetts General Laws

Mass. Gen. Laws ch. 278, § 16A (2026)

Exclusion of public from trial for sex offenses involving minors under age of eighteen

✓ current as of July 2026

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Section 16A. At the trial of a complaint or indictment for rape, incest, carnal abuse or other crime involving sex, where a minor under eighteen years of age is the person upon, with or against whom the crime is alleged to have been committed, or at the trial of a complaint or indictment for getting a woman with child out of wedlock, or for the non-support of a child born out of wedlock, the presiding justice shall exclude the general public from the court room, admitting only such persons as may have a direct interest in the case.

Notes of Decisions

Cited in 15 cases, 1948–2009 · leading case: Globe Newspaper Co. v. Superior Court, 401 N.E.2d 360 (Mass. 1980).

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Globe Newspaper Co. v. Superior Court, 401 N.E.2d 360 (Mass. 1980). · cites it 68× “The petition challenged the April 25, 1979, order of a trial judge of defendant Superior Court, who acted under the authority of G.L.c. 278, § 16A, to close a criminal trial to the general public.”

Globe Newspaper Co. v. Superior Court, 423 N.E.2d 773 (Mass. 1981). · cites it 20× “The underlying facts of this case are set forth in detail in our original opinion, [1] but for the sake of clarity we provide a brief summary.”

Commonwealth v. Martin, 629 N.E.2d 297 (Mass. 1994). · cites it 5× “G. L. c. 278, § 16A. Prior to the complainant’s testimany, the Commonwealth requested that the judge close the proceedings while the minor complainant testified, pursuant to G.”

Commonwealth v. Edward, 912 N.E.2d 515 (Mass. App. Ct. 2009). · cites it 4× “The statute on which the judge relied, G. L. c. 278, § 16A, 10 does require closure of a courtroom during the trial of, *172 inter alia, a complaint or indictment for “rape, incest, carnal abuse or other crime involving sex” if the victim is under eighteen years of age.”

Commonwealth v. Hobbs, 434 N.E.2d 633 (Mass. 1982). · cites it 3× “The trial judge, at the request of the Commonwealth, and over the defendant’s objection, excluded the general public from the courtroom during the testimony of both Gary and Susan at a pretrial hearing on a motion to suppress identification evidence, and during Susan’s testimony…”

In Re Oliver, 333 U.S. 257 (1948). · cites it 2× “Mass. Gen. Laws c. 278, § 16A (1932). In New Hampshire and Wyoming no statute or decision has been found in which the right of an accused to a public trial is mentioned.”

Commonwealth v. Williams, 401 N.E.2d 376 (Mass. 1980). · cites it 4× “No reference was made at any time to G.L.c. 278, § 16A, which concerns the exclusion of "the general public from the court room" where the trial involves a rape in which the victim is a minor.”

Commonwealth v. Leo, 393 N.E.2d 410 (Mass. 1979). · cites it 3× “1 Primary contentions are that the judge erred in failing to exclude the press from the trial as supposedly required by G. L. c. 278, § 16A; that the prosecution of the defendant was a case of unfair “selective” enforcement of the law; and that the defendant was exposed to…”

Driscoll v. Bd. of Trs., 873 N.E.2d 1177 (Mass. App. Ct. 2007). “The significance of a signed confession in a criminal investigation and prosecutorial decision is, in my view, unquestionably relevant to the issue of harm.”

State v. Flint, 761 P.2d 1158 (Idaho 1988). · cites it 2× “38, ¶ 115-11 (Smith-Hurd 1986); Mass. Gen. Laws Ann. ch. 278, §§ 16A and 16C (West 1986); Minn.”

Commonwealth v. Hatch, 783 N.E.2d 393 (Mass. 2003). “, G. L. c. 278, § 16A (permitting judge to exclude public from court room where victim of sexual offense is under eighteen years of age).”

State v. Cooper, 353 S.E.2d 451 (S.C. 1987). “38, § 115-11 (Smith-Hurd 1986); Mass. Gen. Laws Ann. ch. 278, §§ 16A and 16C (West 1986); Minn.”

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