Statutory Rape Laws

The crime of rape generally requires proving that the person who experienced the assault did not consent. However, a person under a certain age is considered incapable of consent. Sex with an underage person is traditionally known as “statutory rape,” although many states no longer use that term. A conviction of this crime can have lasting consequences beyond any prison term served. It may cause difficulties in areas such as education, employment, and housing. A person suspected of statutory rape should not directly discuss their situation with police or prosecutors. They should retain an attorney to handle the process on their behalf.

Age of Consent

A majority of states have set the age of consent at 16, but some states have set it at 17 or 18.

Elements of Statutory Rape

To get a conviction, a prosecutor usually needs to prove that the defendant had sex with a person under a specified age. For example, Georgia Code Section 16-6-3 defines statutory rape as engaging in sexual intercourse with someone under 16. Arizona Revised Statutes Section 13-1405 prohibits “sexual conduct with a minor,” which involves sexual intercourse or oral sexual contact with a person under 18.

Some statutory rape laws contain exceptions for people who are close in age to the minor, while others provide for reduced penalties in these situations. In Georgia, statutory rape is reduced from a felony to a misdemeanor if the victim is 14 or 15, and the defendant is no older than 18 and no more than four years older than the victim. Arizona provides a defense to prosecution for sexual conduct with a minor if the victim is between 15 and 17, and the defendant is under 19 or attending high school and no more than 24 months older than the victim. These types of laws are often called "Romeo and Juliet laws" after the teenage lovers in the Shakespeare play.

Examples of Statutory Rape

Phil, who is 36, meets the 15-year-old daughter of a friend at a party. The teenager flirts with Phil, who eventually propositions her. She agrees to have sex with him in his hotel room. While the teenager “consented” in a general sense, Phil likely has committed statutory rape because she was under the age of consent.

Penelope, who is 19, finds out that a 16-year-old boy reciprocates her feelings for him. If the age of consent in the state is 17 or 18, Penelope might commit statutory rape if she has sex with the boy. In some states, though, the relatively small age gap might shield her from a conviction.

Offenses Related to Statutory Rape

Some offenses that could be charged in situations similar to those that might support a statutory rape charge include:

The same incident might give rise to multiple charges. In this case, a prosecutor and a defendant might trade a guilty plea to some charges for the dismissal of others.

Defenses to Statutory Rape

Statutory rape charges can be difficult to defend, since the prosecution does not need to prove a lack of consent. Often, a defendant will question the credibility of prosecution witnesses. Someone might have lied in an effort to get the defendant in trouble, or they might have misinterpreted a situation that they observed.

Does a Mistake of Age Matter?

In some states, such as California, a defendant might claim that they made a reasonable mistake about the age of the minor. Other states, such as Texas, do not allow this type of defense.

Police misconduct also might support a defense. Perhaps the police seized physical evidence through a search that violated the Fourth Amendment to the Constitution, or perhaps they improperly coerced a suspect into a confession. A judge may suppress evidence that law enforcement acquired illegally, which could prevent a prosecutor from proving their case.

Penalties for Statutory Rape

States impose a broad range of sentences for statutory rape. Here are some potential periods of incarceration that a defendant could face:

A defendant who had sex with an especially young child may face harsher penalties. For example, Arizona upgrades statutory rape from a class 6 felony to a class 2 felony if the minor was under 15. This could lead to 13-27 years in prison.

Last reviewed July 2024

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