Statutory rape is a serious criminal offense. Unlike other forms of sexual abuse, statutory rape does not require force or lack of consent. This can make it confusing for parents and survivors to understand the laws that protect minors from predatory adults. 

For both parents and survivors, knowing the law and their rights is critical when seeking justice and moving forward. 

What Does the Term “Statutory Rape” Mean?

The literal definition of statutory rape is when an adult engages in any sexual activity with a minor that is below the legal age of consent for the state in which they reside. Consent or force is irrelevant when it comes to statutory rape, as a minor cannot give consent to an adult. 

Statutory rape is often treated with “strict liability.” This means that the adult cannot make the excuse saying they did not know the minor was underage.

Age of Consent by State

A common misconception is that in the US, the age of consent is 18 for everyone in the country. While 18 is the age of majority throughout the US, save for a few exceptions, the age of consent is usually different depending on which state you reside in:

• Age of Consent is 16 – Alabama, Alaska, Arkansas, Connecticut, Georgia, Hawaii, Indiana, Iowa, Kansas, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, North Carolina, Ohio, Pennsylvania, Rhode Island, South Carolina, South Dakota, Vermont, Washington, and West Virginia.
• Age of Consent is 17 – Colorado, Illinois, Louisiana, Missouri, New York, Texas, and Wyoming.
• Age of Consent is 18 – Arizona, California, Delaware, Florida, Idaho, Kentucky, North Dakota, Oklahoma, Oregon, Tennessee, Utah, Virginia, and Wisconsin.

For most states, the age of consent is 16. A handful of states have it older at 17 and 18. If an adult has sexual relations with a minor under the age threshold in their state, that would make them guilty of statutory rape. 

Who Can Be Charged with Statutory Rape?

Any adult can be charged with statutory rape. Again, coercion or force does not matter. 

Under the law, a minor cannot consent to sex with an adult. Thus, any sexual relation will equate to statutory rape. It does not matter if the adult was ignorant of the state law or the minor’s age. 

In cases where force or coercion is involved, more serious charges like child molestation or aggravated rape may apply. 

What if Both Teens Are Underage?

If both parties are under the age of consent, it is doubtful that either will face any criminal consequences. In these sorts of cases, the two parties will likely receive counseling and education on the risks of sex before adulthood. While there are some extremely rare instances of statutory rape charges brought against one party who is slightly older but still below the age of consent, this is an uncommon exception and not considered to be the rule. 

What Are Romeo and Juliet Laws?

It is important to know that there are sometimes exemptions when both parties are close in age. These exemptions are often referred to as “Romeo and Juliet” laws and exist to help protect minors who have consensual sex with someone close to their age. 

For example, this could be when two parties meet as minors and have a relationship, but one turns 18 faster. In this instance, the older party had a relationship with the now minor party before both reached the age of consent threshold. 

However, this exemption still walks a fine line between what is legal and what is not. Ultimately, how these exemptions work differs from state to state. Some states give exemptions for a small age gap between the two parties; others are far stricter and may offer no exemptions whatsoever or make them extremely difficult to obtain. 

People may see Romeo and Juliet laws as protecting potential statutory rapists. Remember, Romeo and Juliet laws exist to protect young people. They do not exist to justify statutory rape and cannot be used to exonerate an adult by claiming they “knew the minor” before any sexual relation took place. 

Criminal Charges for Statutory Rape

Although it largely depends state-by-state, statutory rape is often a felony offense. There are also often different degrees of statutory rape based on the victim’s age at the time. The younger the victim, the more severe the penalties attached. 

Penalties also vary depending on which state the rape occurred in. For example, some states have a penalty of no less than 10 years and up to life in prison for first-degree statutory rape. However, in another state, like California, the mandatory minimum is 3 years, with additional years depending on the severity of the crime. 

Various civil penalties can amount to fines of thousands of dollars or more. In addition to this, all adults convicted of statutory rape will have to register for the sex offender registry. This will significantly impact their ability to find work, affect where they will be able to reside, and prevent them from obtaining certain types of loans or other government assistance. 

Additionally, sex offender registrants are unable to purchase firearms.

How Sex Offender Registration Works

Sex offender registration requires that a convicted sex offender, i.e., a person convicted of a sexual crime, must provide their name, physical description, current photograph, and residence to a public database. The sex offender registry exists to help protect the public and prevent future cases of sexual assault. 

What Do You Do if Your Teen Was Accused of Statutory Rape?

If your teen was accused of statutory rape, you must retain an attorney as soon as possible. Statutory rape is a very serious accusation, and depending on your teen’s age, they could be tried as an adult, which would make matters even worse. Helping your teen is the utmost priority, and a lawyer can assist you in mounting a proper defense against the charges.  

What Do You Do if Your Teen Was a Victim of Statutory Rape?

If your teen was a victim of statutory rape, there are several things you can do to help them move forward and begin the healing process: 

1. Be there for your teen. Listen to them if they want to talk and get them professional help and counseling services. Stay calm and supportive during this difficult time.
2. Contact law enforcement and help them throughout the investigation. Help your teen get the justice they deserve. 
3. Preserve as much evidence as you can. Evidence can quickly degrade, and your teen may not know what to do to collect evidence that will help support them in holding the perpetrator accountable. 
4. Throughout the entire process, reassure them that what happened was not their fault and that you are there for them.

Remember, your teen was the victim. Putting any sort of blame on them is counterintuitive to the healing process. 

No matter the circumstances or the relationship, statutory rape laws exist to protect minors from adults. Ultimately, the adult is 100% at fault and needs to face the consequences for their actions. 

Resources for Survivors of Statutory Rape

For survivors of statutory rape, know that you are not alone. There are many resources available to help you get started on the path towards healing: 

• Rape, Abuse & Incest National Network (RAINN) is the largest anti-sexual violence organization in the country and provides free 24/7 support via their hotline and on their website. 
• The National Sexual Violence Resource Center (NSVRC) provides survivors with free resources and ways to find local help to begin their healing journey. 
• Lawyers who help victims of sexual crimes can help you seek justice and hold statutory rapists accountable for their actions. 

After surviving statutory rape or any sexual assault, it may feel hopeless and pointless to do anything about it. We want you to know that there is hope, and you can make the first steps to take back your life. Please seek out help and use these resources to help you as you move forward. 

How Can a Lawyer Help Survivors of Statutory Rape?

A lawyer can assist survivors of statutory rape in several ways: 

• Provide the victim and their family with proper legal assistance to file a claim and recover compensation for damages. 
• Help the victim get the proper resources necessary to encourage the healing process after the assault. 
• Represent the victim’s best interests and handle all communications on their behalf. 
• Ensure all damages are calculated accurately and collect evidence to help fight for the victim’s justice. 

Filing and fighting for your case on your own can be immensely difficult, especially without any prior experience with the laws of your state. An experienced sexual assault lawyer will help you while you focus on recovery and healing. 

Contact a Sexual Assault Lawyer Today for Help

We want all survivors of statutory rape to know that we are here to help them. During this difficult time, allow us to assist you in seeking justice and recovering a settlement that will help you move forward and take back your life. Get in touch with our lawyers today for a free consultation at no risk to you.