Rape is nonconsensual sexual intercourse; it’s often committed through force, threats, or fear. One variation of rape, called statutory rape, makes it unlawful to have sex with a minor under the “age of consent,” which is usually between 16 and 18, even if the minor consents to the sex. For purposes of rape laws, sexual intercourse occurs at the moment of sexual penetration, however slight, by the male sexual organ. However, some states have expanded the definition of rape to include nonconsensual penetration by other body parts or objects; rape statutes may also prohibit unwanted fellatio, cunnilingus, and anal intercourse. Perhaps the best known form of rape is forcible rape, which typically involves force or threats of violence to accomplish sexual intercourse. In most states, however, rape can also occur in a number of other ways. For example, rape generally also consists of sexual intercourse where the rapist: The legal term for the crime varies from state to state and includes sexual intercourse with a minor, sexual assault of a child, criminal sexual penetration of a minor or a child under a certain age, and sexual abuse of a minor. Statutory rape is based on the notion that a person under a certain age cannot consent to sexual contact or activity because he or she lacks the maturity or judgement necessary to make a knowing choice about sexual activity. This is a strict liability or statutory crime because the underage person’s consent is irrelevant and the intentions of the defendant and what they believed about the age of the other person usually do not matter. Even when no force is involved and the sex appears consensual, the act of having sex with a person under the age of consent is a crime solely because of that person’s age. From state to state, statutory rape crimes can range from misdemeanors to serious felonies, depending normally on the age of the victim and the age difference between the offender and victim. In some states, all statutory rape crimes are felonies. In other states, the crime of statutory rape might be a misdemeanor if the victim is close to the age of consent, but a first degree felony if the victim is younger than twelve or fourteen years old. Other factors also can affect the level of the criminal charge, such as whether a pregnancy resulted, the involvement of drugs or alcohol in the sexual activity, and whether the defendant has a history of prior sexual offenses. If sexual contact with an under-age person involves force or coercion, or if the defendant was in a position of authority over the victim (a treating physician, mental health counselor, or school teacher, for instance), a state may prosecute the defendant under a separate law. These charges might be aggravated rape or a crime addressing sexual misconduct by a person in a position of authority. 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 individual is too young to legally consent to sex, it’s a crime 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. 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 didn’t matter whether the actor knew that the other person was too young to consent to sex. Some states now permit a defense of honest mistake. Controversy Around Statutory Rape Laws “Romeo and Juliet” Laws Statutory Rape Defense LawyerWhen you have been charged with statutory rape in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
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