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I am accused of statutory rape even though everything was consensual. If you are facing statutory rape charges, we can help. Punishment for Statutory Rape The punishment for statutory rape depends upon the circumstances of your case. If you are convicted of statutory rape, you may have to register as a sex offender.
The Point of This Article : Statutory rape is sexual intercourse with a person, in California, under Consent is not a defense, but marriage is. A reasonable and honest belief that the victim was 18 or older is also a defense. This can be a felony or misdemeanor. The penalties for statutory rape vary quite a bit. When misdemeanor statutory rape is alleged, defendant may be ordered to informal or summary probation. Consent by the victim is not a defense because the victim is legally incapable, by being under 18, of giving her consent.
What Is Rape? Typically, a defense to rape is that both participants consented to sexual intercourse. In the case of statutory rape, however, the law has determined that individuals who are younger than the age of consent are statutorily unable to consent to sex.
For this reason, a sexual encounter with someone below the age of consent always occurs without consent, even if both individuals have stated that they agree to the encounter. This is somewhat counterintuitive, but essentially the younger participant is simply legally incapable of providing consent. Accordingly, a rape occurs. Some states apply exceptions for two minors who are close in age commonly known as a "Romeo and Juliet" law.
The age of consent is determined by state law and varies. In many states, an individual must be 16 to consent. However, some states raise this to 17 or 18 years of age. In a few states, such as Texas, the age of consent is determined by considering the relative ages of both individuals and their differential in age. In Texas, the age of consent is 17, but the minimum age for sexual relations is 14 with an age differential of three years.
This means that a year-old could have sex with a year-old, but not a year-old. This meant that even if the victim told the perpetrator that she was 19 or 20, he or she could still be charged with statutory rape because the victim was actually under the age of consent. This remains the case in many states, but a few have adopted a defense that allows the perpetrator to argue that he or she reasonably believed that the victim was old enough to consent to sexual relations.
Whether this defense is available will depend on the laws of your state. Unlike the crime of rape, statutory rape does not require that the prosecutor show that the perpetrator engaged in force, coercion, or any other actions that suggest that the victim was not willing to voluntarily engage in sexual relations.
For this reason, statutory rape can occur even if both participants were willing and eager to have a sexual encounter. By virtue of the fact that the younger participant is legally unable to consent, age alone renders the act of sex a rape. This makes it imperative that individuals engaging in sexual relations be certain of the ages and identities of their partners.
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