Statutory rape is a strict liability crime, meaning that the consent of the younger person or mistake about their age is not a defense.Federal law makes it criminal to engage in a sexual act with another person who is between the age of 12 and 16 if they are at least four years younger than you.For example, a state might set the age of consent at 18.In this hypothetical state, two seventeen year olds who had consensual sex could both theoretically be convicted of statutory rape.If so, attorneys respond with an offer to represent you that includes a full attorney profile with details on their fee structure, background, and ratings by other Legal Match users so you can decide if they're the right lawyer for you. The age of consent is gender neutral and applies the same to both heterosexual and homosexual conduct.For example, a state might set a minimum age of 14, but limit consent to partners who are within 3 years of their age.
Statutory rape occurs when a person over the age of consent engages in sexual intercourse with someone under the statutory age of consent, also known as a minor.
HAVE YOU OR SOMEONE YOU KNOW BEEN CHARGED WITH STATUTORY RAPE? In the eyes of the law, it makes no difference if the victim consents to sexual activity because they are below the appropriate age of consent.
Those who are under the age of consent cannot make an informed decision regarding sexual activity, so anyone who engages in this type of activity with a minor may be prosecuted for statutory rape.
Each state takes a different approach as the age of consent has ranged from 10 to 18.
Some states, such as California and New York, set an age at which all sexual intercourse is considered statutory rape.