Statutory rape is a particular form of rape that occurs when an individual has a sexual encounter with someone else who has not yet reached the age of consent. Sexual relations with someone below the age of consent are always a violation of the law. Usually people think of the word rapeas meaning a forcible sexual encounter. With statutory rape, no force is required to be in violation of the law. The crime typically involves an underage participant who willingly engages in sexual relations. However, because the individual is too young to legally consent to sex, it's a crime whether or not force is involved. If the act involves force or coercion, many states prosecute the offender on charges such as child molestation or aggravated rape.
The age at which a person can legally consent to have sex varies from state to state. In most places it is 16 years old, but some set it at 17 or 18. In the eyes of the law, people below this age are simply too immature to make a decision that could have consequences such as a pregnancy. Society protects them by making it a criminal offense to have sex with them. Note that age of consent is a different legal concept from age of majority, which refers to becoming an adult for general purposes, such as being able to enter into contracts.
Consent
Typically, a defense to rape is that both participants consented to sexual intercourse. In the case of statutory rape, however, the law has determined that individuals who are younger than the age of consent are statutorily unable to consent to sex. For this reason, a sexual encounter with someone below the age of consent always occurs without consent, even if both individuals have stated that they agree to the encounter. This is somewhat counterintuitive, but essentially the younger participant is simply legally incapable of providing consent. Accordingly, a rape occurs.
The age of consent is determined by state law and varies. In many states, an individual must be 16 to consent. However, some states raise this to 17 or 18 years of age. In a few states, the age of consent is determined by considering the relative ages of both individuals and their differential in age. This means that a 15-year-old could have sex with a 17-year-old, but not a 19-year-old.
Statutory rape was considered to be a strict liability crime, meaning that the perpetrator’s knowledge or belief about the victim’s age was irrelevant. This meant that even if the victim told the perpetrator that she was 19 or 20, he or she could still be charged with statutory rape because the victim was actually under the age of consent. This remains the case in many states, but a few have adopted a defense that allows the perpetrator to argue that he or she reasonably believed that the victim was old enough to consent to sexual relations. Whether this defense is available will depend on the laws of your state.
Lack of Force or Coercion
Unlike the crime of rape, statutory rape does not require that the prosecutor show that the perpetrator engaged in force, coercion, or any other actions that suggest that the victim was not willing to voluntarily engage in sexual relations. For this reason, statutory rape can occur even if both participants were willing and eager to have a sexual encounter. By virtue of the fact that the younger participant is legally unable to consent, age alone renders the act of sex a rape. This makes it imperative that individuals engaging in sexual relations be certain of the ages and identities of their partners.
Punishment for Statutory Rape
States criminalize statutory rape to varying degrees, and, depending on the circumstances of the rape, it may be charged as either a misdemeanor or a felony. Typically, the younger the victim or the greater the degree of difference between the parties, the more likely that the perpetrator will be charged with a felony. If both parties are under the age of consent, such as two teenagers who engage in sex, some states provide for lesser penalties to be imposed.
