Local Man Charged With Statutory Rape, Faces Possible Life Sentence

A 31-year-old Tewksbury man faces a possible life sentence after being arrested Monday and charged with statutory rape.

Salem Police allege David Avery befriended a 14-year-old girl after she accidentally sent a text message to his phone. The message had been intended for a friend.

The two continued communicating and ultimately agreed to meet, despite the fact that she had told him she was only 14 years old, according to Prosecutor Colleen Cashman from the Essex County District Atorney's office.

According to  the police report, the two met at a Target store on Aug. 21, went behind the building and engaged in various sex acts.

The age of consent in Massachusetts is 16.

Police say the girl confided in a friend because she was concerned she might become pregnant. The friend encouraged the girl  to tell her mother, which she did. The girl and her mother then reported the incident to police on Aug. 24.

According to police, Avery was interviewed and admitted being around the Target store on Aug. 21, but didn't recall the events.

Avery was arrested Monday after a warrant was issued. Avery is charged with two counts of statutory rape of a child. Each count carries a prison term of 10 years to life.

Cashman requested Avery be held on $100,000 cash bail pending a probable cause hearing on Nov. 3. Defense attorney Sean Wynne asked that Avery be released on his own recognizance. The judge set bail at $25,000 cash or $250,000 with surety and an order to have no contact with the alleged victim.