Statutory Rape Charge: I Didn't Know!

Statutory rape is defined as non-forcible sexual intercourse with a person who is younger than the age of consent in the jurisdiction in which it occurs. The age for statutory rape laws vary according to each state. Some states do not use the term statutory rape, and instead it is charges as rape or unlawful sexual penetration with a minor or some other deviation on the term.

Statutory Rape Charges

In each state, there is an established age of majority. A person who has reached the age of majority is generally not permitted to have sex or do sexual acts with a person who has not reached this age. The minor can be 17 and the adult can be 19 if the state law establishes 18 as the age of majority, and it will still be statutory rape even though there is only a few year difference between the two individuals. In some states, the age of consent is fourteen, while in others it is eighteen. So, it depends greatly on where you reside and where the sexual acts occurred as to how old your partner can be if you are an adult.

State law may also vary as to what types of sexual activity constitutes statutory rape. In some states, intercourse may be considered statutory rape, while others may include oral sex and other activities as well.

Consent is not a defense in most statutory rape cases. Thus, the use of the term rape can be confusing. Rape is generally defined as non-consensual sex with another. In statutory rape cases, the two partners can agree to have sex, but the person who is an adult can still be guilty of committing this crime.

Statutory rape charges can be filed by either a victim, parents of a victim, professionals who may be required to report due to their professional code and by the state prosecutor's office in most states.

Getting Legal Help

If you are faced with statutory rape charges, it is vital to act now to protect your freedom. Sexual misconduct charges such as statutory rape can haunt you for your lifetime if they are not properly dealt with. Unfortunately, your lack of knowledge of the age of your sex partner is not necessarily a good defense to the charges you face. An attorney can help you assess the viability of any defenses you may present and prepare your case for your best chances at winning in trial or settling in advance of trial.