In the basic definition statutory rape can be described as someone over the age of consent having sexual intercourse with someone under the age of consent but past puberty. However, some states distinguish this term from “child molestation” which is used to describe sexual intercourse with a child who has not reached puberty.
Statutory rape laws are used to protect minors who under the law or unable to legal give consent to have sexual intercourse with someone else. For example, based on the statutory rape laws, a person at the age of 14 cannot legally consent to sexual intercourse even if he or she wants to, if the age of consent is 18 years old. Therefore, even if the minor consents to having sex, the adult can still be prosecuted for having sexual misconduct with a minor, also referred to as statutory rape.
The Age of Consent
The age of consent is the age someone is considered an adult and able to consent to have sexual intercourse. The age for consensual sex varies from state to state, as do the penalties for statutory rape:
- Age 18: Arizona, California, North Dakota, Oregon, Virginia, Wisconsin.
The age of consent for states such as Delaware, Idaho, Iowa, Massachusetts, Utah and Wyoming is Age 18 without parental consent, but this can be lowered to age 16 with parental consent in these states.
- Age 17: Colorado, Illinois, Louisiana, Missouri, Nebraska, New Mexico, New York, Texas,
- Age 16: Alabama, Alaska, Arkansas, D.C., Indiana, Kansas, Kentucky, Maine, Maryland, Michigan, Minnesota, Mississippi, Nevada, New Jersey, North Carolina, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Dakota, Vermont, Washington, West Virginia and US Military.
The age of consent for South Carolina is 16 without parental consent, but this can be lowered to 14 with parental consent.
- Age 14: Hawaii
Statutory Rape Laws and Penalties
Some states have adapted the statutory rape laws into the “Romeo & Juliet laws”. These laws set out the rules that look at consensual sex between two people whose ages are within two to three years apart. If the older of the two (actor) is older than the minor by at least three years, less strict penalties have been put in place. However, this age gap does not refer to situations if the older person is aggressive, grooming the person for sex, or is a person in authority such as a teacher or coach.
In California, it is also possible for two minors having sexual intercourse to both be guilty.
Examples of penalties for statutory rape include:
- Alabama – Charged as second-degree rape if a person 16 or older has sexual intercourse with someone between age 12 and 16. Sentence can be between 2 to 20 years in prison.
- Connecticut – Charged as a second-degree sexual assault if the adult is more than two years of age of someone who is between 13 and 16 years old. Sentence can be up to 20 years in prison with a minimum mandatory stay of nine months.
- New York – Charged as third degree rape if the adult is 21 years old and the minor is below age 17. It is second-degree rape if the adult is 18 years old and the minor is below age 15. If they are within four years of age, then the Romeo and Juliet law can be used as a defense. Sentences for third and second-degree rape carry terms of four and seven years in prison respectively.
Get Legal Help
The previous information is only a guideline to the Statutory Rape laws and penalties. If you would like more information specific to your case, consult an attorney immediately.
