How does statutory rape work

For example, a state might set a minimum age of 14 but limit consent to partners who are within 3 years of their age.

This would allow a sixteen-year-old to lawfully have sex with a fourteen-year-old, but make it criminal for an eighteen-year-old to have sex with that same fourteen-year-old. If you need a quick guide for each state, a chart is provided below. Be aware that the law may be more complex than the chart shows and that the information given is subject to change. You can refer to our reviews page if you want to know what our clients have to say about us.

Jose Rivera. Law Library Disclaimer. Can't find your category? Click here. Choose a Legal Category: Family Law. Real Estate and Property Law. Criminal Law. Personal Injury. The legal term for the crime varies from state to state and includes sexual intercourse with a minor, sexual assault of a child, criminal sexual penetration of a minor or a child under a certain age, and sexual abuse of a minor.

Statutory rape is based on the notion that a person under a certain age cannot consent to sexual contact or activity because he or she lacks the maturity or judgement necessary to make a knowing choice about sexual activity. This is a strict liability or statutory crime because the underage person's consent is irrelevant and the intentions of the defendant and what they believed about the age of the other person usually do not matter.

Even when no force is involved and the sex appears consensual, the act of having sex with a person under the age of consent is a crime solely because of that person's age. From state to state, statutory rape crimes can range from misdemeanors to serious felonies, depending normally on the age of the victim and the age difference between the offender and victim. In some states, all statutory rape crimes are felonies. In other states, the crime of statutory rape might be a misdemeanor if the victim is close to the age of consent, but a first degree felony if the victim is younger than twelve or fourteen years old.

Other factors also can affect the level of the criminal charge, such as whether a pregnancy resulted, the involvement of drugs or alcohol in the sexual activity, and whether the defendant has a history of prior sexual offenses.

If sexual contact with an under-age person involves force or coercion, or if the defendant was in a position of authority over the victim a treating physician, mental health counselor, or school teacher, for instance , a state may prosecute the defendant under a separate law. These charges might be aggravated rape or a crime addressing sexual misconduct by a person in a position of authority. Statutory rape laws are meant to protect children and teenagers from predatory adults.

The crime of statutory rape has been controversial because, historically, it has been applied primarily or exclusively to relationships where the female is under-age. In addition, strict statutory rape laws did and do not take into account relationships between young people who are close in age but where one or both persons is under the age of consent.

For example, if the age of consent in a state is 17, a boy who is 17 or 18 can be charged with statutory rape for having sexual contact or intercourse with his 16 year old girlfriend.

If the age of consent in a state is 16 and a boy turns 16 on March 1 but his girlfriend turns 16 on March 10, the boy can be charged with statutory rape if he and his girlfriend begin having sex between March 1 and March 9, because the young woman is not yet Similarly two young people under the age of consent each can be charged with statutory rape for having sex with one another if a state law has no exceptions for sex or sexual contact between two young people.

Many states have enacted exceptions to statutory rape to address relationships between young people close in age and between young people who both are under the age of consent. Romeo and Juliet laws provide exceptions or defenses to statutory rape. Such laws may prohibit sexual contact of or intercourse with a person under a certain age only by an individual:.

Up to three years in prison or up to two and one-half years in jail. First-degree criminal sexual conduct is sexual penetration with someone under age Third-degree criminal sexual conduct is sexual penetration with someone between age 13 and First-degree criminal sexual conduct is sexual penetration with a victim under age 13 and an actor more than 36 months older.

Third-degree criminal sexual conduct is sexual penetration with 1 a victim under age 13 and an actor no more than 36 months older or 2 a victim age 13 to 16 and an actor more than 24 months older.

Up to 15 years in prison. But under the second part of the crime, if the actor is between 24 and 48 months older, up to five years in prison.

Sexual battery to sexually penetrate a child 1 at least age 14 but under age 16 if the actor is at least 36 months older than the child or 2 under age 14 if the actor is at least 24 months older than the child.

Up to 30 years in prison but 1 under the first part of the crime, if the actor is between age 18 and 21, up to five years and 2 under the second part of the crime, if the actor is 18 or older, then life or a term over 20 years.

First-degree statutory rape to have sexual intercourse with another person who is less than fourteen years old. Second-degree statutory rape for someone at least age 21 to have sexual intercourse with someone who is less than age Life imprisonment or between two and years. If the victim if under age 16 and the offender is at least three years older, life imprisonment or four to years.

First-degree sexual assault for a person age 19 or older to sexually penetrate a person under age Statutory sexual seduction for anyone age 18 or older to engage in sexual intercourse with a person under age One to five years in prison if the actor is 21 years of age or older. Up to one year in prison if he is under age Felonious sexual assault for anyone to engage in sexual penetration with a person, other than his spouse, who is under age Aggravated sexual assault is sexual penetration with a victim under age Sexual assault is sexual penetration with a victim between age 13 and 16 when the actor is at least four years older.

First-degree criminal sexual penetration to engage in sexual intercourse with a child less than age Fourth-degree sexual penetration to engage in sexual intercourse with a child age 13 to 16 if the actor is at least age 18 and at least four years older than the child. Third-degree rape for anyone age 21 or older to have sexual intercourse with someone under age Second-degree rape for anyone age 18 or older to engage in sexual intercourse with someone under age The fact that the offender was less than four years older than the victim at the time of the act is an affirmative defense.

First-degree rape to have sexual intercourse with someone 1 less than age 11 or 2 less than age 13 if the actor is age 18 or older. First-degree rape is sexual intercourse with a victim under age 13 when the actor is at least age 12 and at least four years older. Statutory rape or sexual offense of person age 13, 14, or 15 is intercourse with someone age 13, 14, or 15 when the actor is 1 at least six years older and 2 between four and six years older.

Gross sexual imposition is committing a sexual act with a victim under age Corruption of minor is an adult engaging in sexual act with a minor. Sexual assault for a person age 18 to engage in sexual conduct with a minor if the actor knows that the minor is between ages 13 and First-degree rape for a person over age 18 to have sexual intercourse with a person under age Third-degree rape to have sexual intercourse with a person under age Defense that the actor was less than three years older than the victim at the time of the offense.

Second-degree rape to have sexual intercourse with a person under age First-degree rape to have sexual intercourse with a person under age Rape to engage in sexual intercourse with a complainant who is less than 13 years of age. Rape to engage in deviate sexual intercourse with a complainant who is less than 1 13 years of age or 2 16 years of age and the actor is four or more years older.

Third-degree sexual assault for anyone over age 18 to engage in sexual penetration with someone over age 14 and under age First-degree criminal sexual conduct with a minor to have sexual intercourse with a person under age Second-degree criminal sexual conduct with a minor to have sexual intercourse with a person between ages 11 and Rape to sexually penetrate a person between ages 10 and 16 if the actor is at least three years older than the victim.

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