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NYC Rape Defense Lawyers

By Spodek Law Group | November 2, 2020
(Last Updated On: December 16, 2023)

Last Updated on: 16th December 2023, 12:52 am

What is the Charge of Statutory Rape

Statutory rape is a charge of sexual relations that involved a person too young to consent. The age at which a person is legally able to consent to sex is called the age of consent, and this varies from state to state. Every state currently has an age of consent between 16 and 18 years of age, with 31 states setting the age of consent at 16, eight setting it at 17, and 12 setting it at 18.

Most states don’t actually use the term statutory rape, and instead have other names for this type of charge. Terms used include child molestation, sexual misconduct, carnal knowledge of a minor and sexual intercourse with a minor.

How statutory rape differs from other forms of rape is that it doesn’t involve sexual relations with another person against their will, and in fact the sexual relations would be completely legal if the person were of age. The reason it’s considered rape is because the person is too young to legally give their consent to sex. In the event that there are forced sexual relations with someone who is under the age of consent, the prosecution will likely charge the defendant with both rape and statutory rape.

For many years, it doesn’t matter if the defendant thought that the victim was past the age of consent, they were still guilty if they had sexual relations with the victim. More recently, there have been states that allow a defendant who thought the victim was of age to use that as their defense in court. In most areas, though, this defense will not apply. Even if the victim intentionally deceived the defendant into believing they were past the age of consent, the defendant can still be convicted of statutory rape.

There are many factors that go into the severity of a defendant’s punishment for committing statutory rape, and the charge itself could be anything from a misdemeanor to a felony depending on these factors. The two primary factors are the victim’s age and the difference in age between the defendant and the victim. If the defendant has prior offenses or gave the victim drugs or alcohol, that can lead to more severe or additional charges.

Statutory rape laws vary quite a bit from state to state. In some states, any instance of statutory rape is a felony. In others, it’s only a felony if the victim was younger than a certain age, such as 14 or 12. If the sexual relations were with a victim older than that threshold in such states, then it’s a misdemeanor.

Some states also have what are known as Romeo and Juliet laws, which apply when either both the defendant and the victim were underage, or when the defendant is close enough to the defendant in age. For example, a state may have a Romeo and Juliet law that applies if the defendant is within 2 or 3 years of age to the victim. States may have additional requirements for these law to apply, such as the victim being at least 15 years of age or the defendant to be under 21 years of age. In some states, Romeo and Juliet laws prevent criminal charges, while in others they simply lessen the penalties.

The most significant advantage of Romeo and Juliet laws for defendants is that they can either keep the defendant off of the sex offender registry, or they can reduce how long the defendant is on the registry. Considering the effect that being on the sex offender registry has on someone’s life, this is a major benefit.
If a defendant is using Romeo and Juliet laws for their defense, then consent becomes a critical factor in the case, as the defendant also needs to show that the victim consented to the sexual relations for their defense to apply.

The punishment for statutory rape typically includes a mandatory prison sentence, along with fines, mandatory treatment and probation. In most states, the defendant will also need to register as a sex offender.

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