Statutory Rape - Sex Crimes Against a Minor

What is statutory rape? It is rape that happens when an adult engages in sexually activity with a minor who is under the Age of Consent (AOC). The Age of Consent is the prescribed age when a person is deemed competent enough to consent to sexual activity. 

Unlike other types of rape, statutory rape does not need evident force or threat to be called rape. It is assumed by law that any sexual activity with the minor is coerced since the minor is incapable of consenting to the sexual act.

Although most cases of statutory rape involves an adult having sex with a minor below the Age of Consent, some jurisdictions also apply statutory rape laws against two minors under the AOC who engage in sexual activities with each other.

Different jurisdictions also have various determining factors for the Age of Consent and may impose statutory rape age boundaries. An adult having sex with a 12-year old child and below can be given full statutory rape charges, while an adult engaging in sex with a minor 13 to 16 years of age may only be charged with unlawful sex with a minor.

The age difference between the participants can also be taken into consideration as well as the adult’s position of authority relevant to the minor, that is, the adult is the minor’s teacher, school principal, coach, doctor, etc.

The issue of what the right Age of Consent should be is highly debated. Also, conflicts between child sex protection laws and the natural tendency of adolescents and teenagers to explore their sexuality had made many statutory rape cases controversial.

Statutory Rape Laws and the Rationale Behind Them

There are several underlying principles why statutory rape laws are imposed by the state, although many of these are highly debated and even challenged by critics, philosophers, and activist groups.

• While a person may already be biologically mature to desire a sexual act, he/she may lack the mental maturity to choose who to engage in sex with.
• Minors are economically, socially, and legally unequal to adults and this inequality can impair their ability to refuse any sexual advancement toward them without fear.
• Minors are less likely to understand the risks of sexually transmitted diseases and have less access to contraceptive methods.
• Minors are less able to face the consequences of their sexual actions such as raising a child. They also do not have the option of getting an abortion without their parents’ consent.
• The lack of consent of the victim in forced rape is one of the most difficult to prove in court. Since statutory rape is considered a heinous crime, the prosecution is relieved of the burden of proving the lack of consent by the victim to the sexual act.

Statutory Rape - When the Victim Comes of Age

Statutory rape cases can take a while before being resolved in court. At times, the victim may already have turned 18 and no verdict has come out yet. Nevertheless, the victim in spite reaching the age of majority still cannot drop the statutory rape charges against the offender.

For statutory rape, the case is not about the victim versus the offender but the state versus the offender. It is the state therefore and not the victim that pressed charges against the perpetrator, and the court can continue to prosecute the offender so long as it has enough evidence.  As such, the victim cannot drop the charges that he/she did not press to begin with.

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