Statutory Rape Definitions

In common law jurisdictions, statutory rape is nonforcible sexual activity in which one of the individuals is below the age of consent (the age required to legally consent to the behavior). Although it usually refers to adults engaging in sexual contact with minors under the age of consent, it is a generic term, and very few jurisdictions use the actual term statutory rape in the language of statutes.

Different jurisdictions use many different statutory terms for the crime, such as sexual assault (SA), rape of a child (ROAC), corruption of a minor (COAM), unlawful sex with a minor (USWAM), carnal knowledge of a minor (CKOAM), sexual battery or simply carnal knowledge. The terms child sexual abuse or child molestation may also be used, but statutory rape generally refers to sex between an adult and a minor past the age of puberty, and may therefore be distinguished from child sexual abuse. Sexual relations with a prepubescent child is typically treated as a more serious crime.

In statutory rape, overt force or threat is usually not present. Statutory rape laws presume coercion, because a minor or mentally handicapped adult is legally incapable of giving consent to the act.

Exceptions to Statutory Rape Laws

Many states have enacted exceptions to statutory rape to address relationships between young people close in age and between young people who both are under the age of consent.

Romeo and Juliet Laws

Romeo and Juliet laws provide exceptions or defenses to statutory rape. Such laws may prohibit sexual contact of or intercourse with a person under a certain age only by an individual:

of a certain age (such as 18) or older, or

a certain number of years older than the alleged victim such as at least three years older.

Under these statutory rape laws, the young age of the defendant or the small age difference between the accused and the other person can be a complete defense to a charge of statutory rape. In some states, however, these facts may only be “mitigating” factors that lower the level of the offense from perhaps a felony to a misdemeanor and/or reduce the possible penalties if the defendant is convicted.

Sex Between Young People of the Same Gender

A few states have “Romeo and Juliet” laws that expressly limit the exception to situations where the two people engaged in sexual activity are of the opposite sex. Under those laws, if the defendant and victim are of the same gender, the Romeo and Juliet exception provides no defense to the statutory rape charge.

Defenses to Statutory Rape

Defenses available to a person charged with a statutory rape crime depend upon the laws of the state in which the defendant is charged.

Consent

Although the victim’s consent itself is not necessarily a defense to statutory rape, it may be if the state in which the defendant is charged has a Romeo and Juliet exception or mitigation. The victim’s consent is an essential element that a defendant must show in order to take advantage of the Romeo and Juliet laws.

In states without Romeo and Juliet laws, the victim’s consent to statutory rape is no defense, because the point of statutory rape is that a person under a certain age cannot give a valid consent to sexual activity.

Reasonable Mistake of Victim’s Age

A few states allow a defendant to offer evidence that he or she honestly and reasonably believed the victim to be over the age of consent as a defense to a charge of statutory rape. Most states reject this mistake of age defense and treat the defendant’s mistake or ignorance about the victim’s age as irrelevant to guilt under statutory rape laws, even where the victim has intentionally misrepresented his or her age.

How Statutory Rape Is Punished

Punishment for a statutory rape offense varies according to whether the crime is a misdemeanor or felony and the degree or seriousness of the felony classification. In some states, statutory rape is a less serious felony while in others it is classified as a more serious felony offense. Misdemeanor offenses normally are punishable by less than a year in jail. The punishment for a felony offense can vary from just over a year for a less serious felony to many years in prison. A sentence for statutory rape most likely will depend on the ages of the offender and the victim and the circumstances of the offense. If the offense occurred in a consenting, ongoing relationship between young people close in age, the judge may have the option and willingness to be more lenient. A court also can impose a fine on a person convicted of a misdemeanor or a felony offense. Fines usually are imposed in addition to jail or prison but a judge can impose only a fine as punishment for a misdemeanor.