By FindLaw Staff | Legally reviewed by Evan Fisher, Esq. | Last reviewed December 08, 2022
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Statutory rape refers to sexual activity involving an adult and a child below the "age of consent." Minors cannot legally consent to have sex with adults, so any form of sexual activity involving an adult and a minor violates the law. This is true even in situations that otherwise seem like the minor agreed to the act.
While the crime is popularly called statutory rape, many states do not use that term officially but instead classify it as sexual assault, corruption of a minor, or carnal knowledge of a child. These laws tend to vary greatly from state to state.
This article provides a brief overview of statutory rape.
Usually, people think of the word "rape" as meaning a forcible sexual encounter. However, with statutory rape, no force is required to be in violation of the law. The crime typically involves an underage participant who willingly engages in sexual relations. However, because the underaged individual is too young to legally consent to sex, their partner has committed a crime, regardless of whether or not force is involved. If the act involves force or coercion, many states prosecute the offender on charges such as child molestation or aggravated rape.
The age at which a person can legally consent to have sex varies from state to state. In most places, it is 16 years old, but some set it at 17 or 18. In the eyes of the law, people below this age are simply too immature to make a decision that could have consequences such as a pregnancy or sexually transmitted disease. Society protects them by making it a criminal offense to have sex with them. Note that "age of consent" is a different legal concept from "age of majority," which refers to becoming an adult for general purposes, such as being able to enter into contracts.
Historically, statutory rape was a "strict liability" offense, meaning that it is charged without regard to whether the violator knew that the other person was too young to consent to sex. Some states permit a defense of honest mistake, also known as "mistake of fact." Basically, this allows the accused to argue that they honestly believed that their partner was above the age of consent. However, other states do not recognize this defense at all.
The usual punishment for statutory rape is imprisonment, sometimes along with a hefty fine, and an order to register as a sex offender. A number of factors affect the severity of the sentence in a particular case. One is the age and gender of both the victim and the perpetrator. Studies have shown that men are punished more severely than women for statutory rape, and same-sex contact is punished more severely than heterosexual contact.
Other factors that can impact a sentence include:
To address potential statutory rape situations where two people are close in age, a number of states have enacted what are sometimes called "Romeo and Juliet laws." These laws carve out a different set of rules where the offender is only slightly older than the minor. For example, in New Jersey, having sex with an underage person is sexual assault only if the actor is four or more years older. Thus, a 22-year-old who has intercourse with a 15-year-old commits a felony, but an 18-year-old who does the same thing does nothing unlawful. In some states, such as Georgia, closeness in age is not a complete defense but rather lowers the offense level to a misdemeanor.
States impose a duty on certain classes of professionals to report any suspicion of child abuse, which can include statutory rape. Generally, the types of professionals designated as mandatory reporters are those with access to children (such as teachers or medical professionals) or in service positions (such as public employees and clergy). Mandatory reporting requirements are outlined in state laws, so the people designated as mandatory reporters, and the circumstances in which they must report suspected child abuse, will vary from state to state.
If you or someone you know has been charged with statutory rape or any other crime, it can be risky to handle the matter on your own. Be sure to speak with an experienced attorney who knows the ropes.
Contact a criminal defense lawyer near you today.
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