An Overview of Statutory Rape Law

This content contains sensitive subject matter related to legal defense for crimes of a sexual nature.

Sex between consenting partners can be against the law when one of the individuals is a minor. Even if the minor seemingly agrees to have sex, the law does not give them the legal ability to consent until they reach the age of majority. Sexual intercourse with a person under the age of consent is statutory rape.

An arrest for statutory rape can ruin your reputation. An attorney with experience defending against sexual offenses may be able to help you avoid a criminal conviction and keep your record clean. If you are arrested for statutory rape, contact an experienced criminal defense attorney for legal advice.

What Is Statutory Rape?

Statutory rape involves sexual activity where one person is below the legal age of consent. Statutory rape laws may fall under different terms, including unlawful sexual acts with a minor, criminal sexual conduct where an actor is in a position of authority, rape of a child, or sexual assault. In general, statutory rape does not involve sexual relations through physical force or threats, but it is still considered a violation based on the alleged victim’s age.

Age of Consent

The age of consent is when someone can legally agree to have sex. It does not matter for an adult if a teenager says they want to have sex. The law only cares about whether the teenager can legally consent to sex. The legal age varies by state. For most states, the age of consent is 16 years old or 17 years old. In about 10 states, the age of consent is 18 years old.

What Are the Criminal Penalties for Statutory Rape?

Depending on the state, statutory rape is generally a felony offense. There may be different degrees of statutory rape based on the victim’s age. Statutory rape of a younger victim typically comes with more severe penalties.

Statutory rape penalties can vary depending on which state the crime occurred in. For example, in Alabama, first-degree statutory rape is a Class A felony is punishable by not less than 10 years and up to life in prison. However, statutory rape is punishable in California with a mandatory minimum of 3 years.

The defendant may also face criminal fines and civil penalties. Fines and civil penalties may amount to thousands of dollars or more.

There are consequences of a felony conviction that may follow the defendant for years. A felon may find it more difficult to get a job, likely won’t be able to ever get the charge expunged, have difficulty getting government benefits, and in most states, be unable to own a firearm.

Sex Offender Registration

In many states, statutory rape is a sex crime and can be a “registerable offense.” Depending on the victim’s age and the defendant’s age, the defendant may have to register as a sex offender. Sex offenders must register with law enforcement when they are released and must re-register every year or anytime they move.

As a sex offender, the defendant’s status and personal information may be available to the public. The state’s sex offender registry is public, and anyone can find the offender’s:

• Name
• Physical description
• Current photograph

Exceptions To Statutory Rape

There may be some exceptions to sex with a minor where the alleged perpetrator is a minor and is within a few years of age as the victim. These are known as “Romeo and Juliet Laws.” Texas is an example of a state which has this type of law.

Some states have a marital exemption. If a couple is legally married, sexual activity with each other may be consensual and legal even if they are younger than the age of consent.

Being accused of statutory rape can devastate your personal and professional life. It may all have been due to a simple misunderstanding. Do not be embarrassed about seeking help for your legal defense. The attorney-client relationship protects your privacy. Contact a criminal defense lawyer for advice.

How Can a Statutory Rape Defense Attorney Help?

There are a lot of misconceptions about statutory rape. Some people think that if the parents of the child are okay with their child being sexually active, then they will not face criminal prosecution. However, the parents don’t have to press charges for statutory rape. Parents may decide not to report suspected statutory rape, but the prosecutor could file a statutory rape charge even if everyone involved consented to the relationship.

There are defenses to statutory rape criminal charges. In many cases, statutory rape is reported because of a jilted lover, jealousy, or trying to get revenge. However, there may be little to no evidence of any sexual relationship. Statutory rape charges generally require showing the individuals engaged in intercourse or genital penetration. Heavy petting may not be considered enough for sexual penetration.

A mistaken belief of the minor’s age may also be a defense. If the defendant had a good faith and reasonable belief the minor was of age, it may be a legal defense to statutory rape charges. For example, this could include evidence the defendant met the alleged victim in a bar where patrons are expected to be 21 or older.