Law & Legal & Attorney Criminal Law & procedure

Statutory Rape

In today's world it can be difficult to know certain things about people.
Children are growing up faster and faster, looking older and finding ways to make people believe that they are older.
This can cause serious problems.
Not only does this bring up issues of selling alcohol and tobacco to minors, but there is the problem of statutory rape as well.
Rape can be defined as any sexual act that is performed without the consent of the victim.
According to federal law, consent cannot be given for any reason by any person under the age of majority.
This means that if a person is under the age of majority, they cannot give consent for anything without the consent of their parents or legal guardians.
This is the reason that minors need parental consent for everything from summer trips to school field trips.
This also means that minors cannot give consent for sex.
This is why statutory rape laws exist.
Legally there cannot be consent, but it is not quite the same thing as rape.
It is not treated in quite the same way as rape either.
There are several factors that can mitigate statutory rape charges, and some that can make the penalties associated with it far worse.
Many states have "Romeo and Juliet" laws.
These laws make the penalties for statutory rape less harsh if certain circumstances are met in the case.
Generally, if the two people involved are within 3 years of age, and the "victim" is at least 14 years old, the penalties are less harsh.
These laws are meant to reduce or eliminate the penalty when the age difference is minimal.
However, these laws cannot and do not apply to everyone.
In cases where the defendant has a position of authority over the minor, the penalties can become harsher.
These positions can often include teachers' relationships to students, coaches to players, or even guardians to wards.
If any type of violence is used to facilitate these relationships, the penalties are even steeper.
There is a lot that goes into the decisions in statutory rape cases.
Things that were not taken seriously in the past, such as older women having sex with male minors, are becoming more serious.
The legality surrounding statutory rape can be somewhat fluid, making is confusing.
If you would like to know more about statutory rape laws, you can click here.

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