Arkansas Statutory Rape Laws

In Arkansas, a person can face criminal charges for engaging in sexual activities with a child. Those who break the law have committed a statutory rape offense, even if the child agrees to or initiates the activity.

What Is the Age of Consent in Arkansas?

The age of consent in Arkansas is 16. However, the age of consent increases to 18 or 21 when the defendant holds a position of trust or authority over the child.

Statutory rape laws are premised on the assumption that minors are incapable of giving informed consent to sexual activities. Their incapacity is written into the statute—hence the term, "statutory" rape.

Arkansas's Statutory Rape Laws

Like most states, Arkansas law doesn't use the term "statutory rape." Rather, these age-based offenses are prosecuted under Arkansas's rape and sexual assault laws. Penalties depend on the ages of the defendant and victim, their age difference, and the conduct that occurred (sexual penetration or contact).

Sexual penetration refers to vaginal, oral, and anal sex and object penetration.

Sexual contact involves touching, under or over clothing, the sex organs, buttocks, or anus of a person or a female breast. It also includes ejaculating, urinating, or defecating on a person for sexual gratification.

What Are the Penalties for Statutory Rape Crimes in Arkansas?

A person who engages in consensual sexual activities with an underage minor can face charges of rape or sexual assault.

Rape and Sexual Assault: Sexual Penetration

A person who engages in consensual sexual penetration with a child can face the following charges and penalties.

Victim younger than 14. It's a crime to engage in sexual penetration with a child younger than 14 when a defendant is more than three years older. An adult defendant commits the crime of rape, which carries class Y felony penalties of 25 to 40 years or life in prison. An offense committed by a minor (younger than 18) is considered third-degree sexual assault and carries class C felony penalties of 3 to 10 years in prison.

Victim age 14 or 15. An adult age 20 or older commits the crime of fourth-degree sexual assault by engaging in sexual penetration with a minor age 14 or 15. A convicted defendant would receive a class D felony, punishable by up to 6 years of prison time.

Sexual Assault: Sexual Contact

A person who engages in consensual sexual contact with a child can face the following charges and penalties.

Victim younger than 14; minor defendant. It's considered second-degree sexual assault for a minor defendant (younger than 18) to engage in sexual contact with:

• a child younger than 12 when the defendant is more than three years older, or
• a child age 12 or 13 when the defendant is more than four years older.

This offense carries class D felony penalties, punishable by up to 6 years of prison time.

Victim younger than 16; adult defendant (20+). An adult defendant age 20 or older commits a class A misdemeanor by engaging in sexual contact with a minor younger than 16. Class A misdemeanors carry a maximum one-year jail sentence.

Rape and Sexual Assault Involving Adults in Positions of Trust

Tougher penalties may apply if the defendant holds a position of trust or authority over the child. Arkansas law also increases the age of consent in such cases to 18 or 21, depending on the type of relationship. Examples of positions of trust or authority include a victim's family members, mandated reporters, school teachers or principals, athletic coaches, counselors, religious leaders, or correctional supervising officers. Check the Arkansas Code for more information.

(Ark. Code §§ 5-4-401, 5-14-101, 5-14-103, 5-14-124, 5-14-125, 5-14-126, 5-14-127 (2024).)

Does Arkansas Have a Romeo-and-Juliet Law?

Yes. Named after Shakespeare's young lovers, "Romeo and Juliet" exceptions are intended to prevent serious criminal charges against teenagers who engage in consensual sex with others close to their own age.

Most of Arkansas's statutory rape crimes apply only when the age gap between the defendant and child is more than 3 or 4 years. Certain crimes only apply to adult defendants. The state's rape offense imposes less severe penalties for minor defendants compared to adult defendants.

Defenses to Statutory Rape Charges in Arkansas

Defendants charged with statutory rape have the usual defenses available to all criminal defendants, such as "Someone else committed this crime," or "The alleged conduct did not occur." Other possible defenses include the marital exemption and mistake of age. Consent is not a defense.

Marital exemption. For most age-based sexual assault crimes, Arkansas law provides a marital exemption. This exemption provides that no crime is committed if the partner is the minor's spouse.

Mistake of age. Arkansas permits a mistake of age defense for statutory rape offenses involving a child younger than 14 only when the defendant is younger than 20. The defendant must prove that their belief the child was older was reasonable, and the defendant can still be guilty of a lesser offense based on the believed age. (Ark. Code § 5-14-102 (2024).)

Does a Statutory Rape Conviction Require Sex Offender Registration in Arkansas?

Yes. Arkansas law requires that people found guilty of rape or sexual assault must register as sex offenders. Sex offender registration doesn't apply if the victim was younger than 18 and the defendant was no more than three years older.

Registration can last 15 years to life. Failure to register can result in felony penalties.

(Ark. Code §§ 12-12-903, 12-12-904, 12-12-906 (2024).)

Talk to a Lawyer

If you're facing a statutory rape charge, consider consulting with an experienced criminal defense attorney. A lawyer can evaluate the strength of the prosecution's case against you and help develop any defenses that might apply to your case.