Statutory rape

Statutory rape is a term used in some legal jurisdictions to describe sexual activities where one participant is below 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, rape of a child, corruption of a minor, carnal knowledge of a minor, unlawful carnal knowledge or simply carnal knowledge. The laws of each jurisdiction set the minimum age of consent, and the nature of the sexual act, its frequency, or the relationship of the persons involved, are irrelevant to the crime. In many jurisdictions, the age of consent is interpreted to mean mental or functional age.

As a result, victims can be of any chronological age if their mental age makes them unable to consent to a sexual act. Other jurisdictions, such as Kentucky, eliminate the legal concept of "mental age" and treat sexting with a minor as a specific crime.

Statutory rape laws presume coercion, because a minor or mentally handicapped adult is legally incapable of giving consent to the act.

Legal definitions[edit | edit source]

The exact type of coercion that must be used varies by state, for example the Uniform Code of Military Justice requires "force or threat". Other states do not specify the type of coercion that is necessary.

Age of consent[edit | edit source]

The age of consent varies widely from jurisdiction to jurisdiction, though most jurisdictions in the world today have an age of consent between 14 to 18 years. Some jurisdictions also specify a minimum difference in age in order for the offense to be applicable. Under such terms, if the adult is, for instance, less than three years older than the minor, no crime has been committed or the penalty is far less severe.

References[edit | edit source]

Statutory rape Resources
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