Statutory Rape Charges: Punishment and Defense

Statutory rape charges are crimes based on the premise that until a person reaches a certain age, he or she is legally incapable of consenting to sexual intercourse.  The age of consent varies by state, with most states setting it at age 16.  In other states, the ages range from ages 14 to 18.  Few states use the term “statutory rape” in their criminal codes, and sometimes a state’s code will address the legality of different sexual activities involving minors such as sexual contact versus penetration.  In some jurisdictions, the age of consent depends on the age differences between the partners, the age of the victim, and the age of the defendant.  State civil codes spell out reporting requirements and detail who must report the crime and where the report must be made. 

Punishment for Sex Crimes

Some states base the penalty for statutory rape charges on the age of the offender, with older offenders receiving harsher penalties.  There are varying degrees of the crime that may be categorized in the first degree if the offender has sexual intercourse with another person who is less than 14 years old.  This is prosecuted as a felony for which the authorized term may include life imprisonment or a term of not less than five years.  Neither force not lack of consent is required to prove the elements of this crime.  Second-degree statutory rape is a Class C felony if a person 21 years of age or older has sexual intercourse with another person who is less than 17 years of age.  The penalties for statutory rape vary widely in each state, which may include Imprisonment for a term of 1 to 99 years in state prison or county jail depending upon the circumstances of the case.  Additional penalties may include both fines and probation for the offender.

Evidence Required for a Conviction

Statutory rape is a strict liability crime and requires no mental state of the defendant.  In order to be found guilty of most crimes, a defendant must have committed the criminal act in a certain mental state, which is known as the “mens rea”.  The accused may be found guilty even if he believed the age of his partner to be the required legal age.  In most states, at least three elements of the crime must be proven beyond a reasonable doubt, which are:

• That a male and female engaged in an act of sexual intercourse
• That the persons involved in the act were not married to each other at the time
• That the alleged victim was under 18 at the time of the offense

There is no requirement for the prosecutor to prove that force was used to accomplish the sexual intercourse.

How An Attorney Can Help

Accusations of statutory rape need to be aggressively defended against in order to avoid being labeled as a sex offender.  Any third party can report statutory rape and hearsay evidence may become a factor that a criminal defense attorney can use.  Different jurisdictions use many different statutory terms for the crime that may include “corruption of a minor”.  In some states a man can defend himself against statutory rape charges by proving that his victim was already sexually experienced prior to their encounter and thus not subject to being corrupted by the defendant.  If you are facing charges of statutory rape, you should contact a criminal defense attorney.