If a minor consented to sex is it still statutory rape?

The Federal Bureau of Investigation (FBI) defines statutory rape as an illegal non-forcible sexual act with a person who is under the age of consent. The legal age of consent may vary widely from state to state. However, federal laws make it a crime knowingly to engage in a sexual act with another individual who is between the ages of 12 and 16, or if they are at least 4 years younger than the other person. Statutory rape charges may be pursued against an individual regardless of whether the other person actually consented.  

Penalties for Statutory Rape

The penalties for statutory rape often depend on where the incident took place and the relative ages between both parties. The larger the age difference between the people involved, the harsher the penalty will be. For example, in the state of Tennessee, any person who engages in sexual intercourse with a minor under the age of 13 will be charged with aggravated sexual battery. The consequences are that the suspect will be charged with a Class B felony offense. If convicted, the defendant can be sentenced to spend between 8 and 30 years in prison and be fined up to $25,000.

The laws in Vermont define sexual assault as anyone engaging in a sexual act with another person under age 16 unless the couple is married. Parental consent is needed for anyone under 18 before a marriage license will be issued in Vermont. A conviction for this offense can carry a sentence of up to 20 years to life in prison.

Legal Help When Facing Criminal Charges

Whether a minor consented to sexual relations may not matter if he or she is under a certain age. The age of consent in most states is generally between 14 and 18 years old. The victim, the victim’s parents or any professionals in mandatory-reporting situations can file a police report for statutory rape. The penalties could be enhanced if either party engaged in oral sex or sodomy if it is illegal in that particular state. Prosecutors will generally pursue cases where the offense is egregious in nature. This might include situations in which the minor was at a relatively young age or the act occurred between a teacher and student. If you are facing statutory rape charges, contact a criminal-defense attorney for assistance immediately.