* Trigger warning: discussion of statutory rape
Statutory Rape Charges in the Case of Two Minors Having Sex
Most states do not refer to statutory rape by name. Instead, states refer to sexual assault and sexual abuse as designations of such charges since a minor cannot legally consent to sexual intercourse. Here’s everything you need to know if two minors having sex is considered statutory rape.
When two minors under the age of consent have consensual sex, both allow possible statutory rape charges. Statutory rape does not require any evidence of force or coercion. A person is guilty of statutory rape charges if they have had sex with a minor below the age of consent. Age of consent differs across states but ranges from ages 16 to 18.
Conditions for Statutory Rape
For the court to charge a person with statutory rape, the person must have had sex with a minor below the age of consent, someone who is mentally disabled, or someone who is physically incapacitated. The court charges the other individual with rape because a minor, a mentally disabled person, and a physically incapacitated person are all legally incapable of providing consent.
“Romeo and Juliet” Laws
A Romeo and Juliet Law is a possible exemption for statutory rape charges. Romeo and Juliet Laws apply when two individuals who engaged in consensual activity were close in age. Some states have different requirements for the Romeo and Juliet Law, while other states do not allow the close-age exemption. California does not allow any close-age exemption. The court might charge an 18-year-old high school student with statutory rape if they had sexual intercourse with a 17-year-old student. On the other hand, Texas does allow the close-age exemption if the individual is no more than three years older than the minor, who must be at least 14 years old. Here’s a list of states in the U.S that permit the use of the Romeo and Juliet Law.
Related: Statutory Rape Laws in California
Punishment for Statutory Rape Charges
In states where the Romeo and Juliet Law does not apply, minors may face severe punishment if the court charges them with statutory rape. In some states, the minor(s) convicted of statutory rape must register as a sex offender.
If the court charges a defendant with a felony, they may face 2 to 4 years in prison. If the court charges a misdemeanor, the defendant may face at least one year in prison. In any state, prosecutors must pursue misdemeanor charges if the age difference between the minor and the defendant is three years or less.
When the defendant is also a minor, some states gear the repercussions towards rehabilitation rather than punishment. For instance, a case is tried in California’s juvenile court system if both the defendant and alleged victims are minors under the age of consent, in which the repercussions are aimed toward rehabilitation. California is one of the few states where the defendant convicted of statutory rape does not have to register as a sex offender if the defendant is a minor.
Related: What to Do If My Husband Sexually Assaulted Me
What if the Minors are Married?
Marriage does exempt minors from statutory rape charges. If the couple was married at the time the two minors had sexual intercourse, neither can be liable for statutory rape.
How to Assure There is Consent
Consent is a voluntary agreement to another person’s proposition. In statutory rape, the minor is may be a willing participant. However, because the minor is below the age of consent, the law does not identify them as capable of granting another individual consent to engage in sexual activities. Legislators consider minors to be incapable of comprehending the importance of having sex or making the judgement to engage in sexual activities. The law does not allow individuals to grant consent until they are an adult or reach 18 years old.
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