Statutory Rape & The Age of Consent
Posted on Jul 12, 2016 8:00am PDT
Growing up, you probably heard of the term "statutory rape." If you're male, you may have stayed away from younger girls because you didn't want to be arrested for statutory rape. If you're female, when you were a teenager, your parents may have threatened to have an older suitor "arrested" if he dated you.
Statutory rape refers to when an adult has sexual relations with someone who is below the "age of consent." While the age of consent varies from state to state, if a minor is below the age of consent, he or she cannot legally consent to having sex. This means that if an adult has sex with someone below the age of consent, they are breaking the law.
Many States Don't Call it 'Statutory Rape'
Many states do not have actual "statutory rape" laws. Instead, when an adult has sexual relations with someone below the age of consent, the offense falls under one of the state's sexual assault or sexual abuse laws.
These sexual assault or abuse laws consider sex with someone below the age of consent a crime because the minor is not legally capable of consenting to intercourse. In effect, state laws criminalize sexual activity with minors below a certain age.
In most states the age of consent is 16, but it ranges from 14 to 18. For example, in Nevada, the age of consent is 16, thus it's illegal for someone age 18 or older to have sex with someone 15 or younger, even if the teen initiates or consents to the sex.
In Nevada, statutory rape is called statutory seduction. The penalties for statutory seduction under NRS 200.368 depend on the age of the offender. If the offender is 21 or older, they are guilty of a Class C felony, punishable by one to five years in prison, and up to a $10,000 fine.
To learn about the statutory rape laws in your state, use our directory to find a criminal defense attorney near you.