Statutory rape

Statutory rape is sexual activity in which one of the individuals is below the age required to legally consent to the behavior in some common law jurisdictions. Although it usually refers to adults engaging in sex with minors under the age of consent, it is a generic term, and very few jurisdictions use the actual term statutory rape in the language of statutes.

Different jurisdictions use many different statutory terms for the crime, such as sexual assault (SA), rape of a child (ROAC), corruption of a minor (COAM), unlawful sex with a minor (USWAM),carnal knowledge of a minor (CKOAM), unlawful carnal knowledge (UCK), sexual battery or simply carnal knowledge.

In statutory rape, overt force or threat is usually not present. Statutory rape laws presume coercion, because a minor or mentally handicapped adult is legally incapable of giving consent to the act.

The term statutory rape generally refers to sex between an adult and a sexually mature minor past the age of puberty. Sexual relations with a prepubescent child, generically called child sexual abuse or molestation, is typically treated as a more serious crime.

In many jurisdictions, the age of consent is interpreted to mean mental or functional age. As a result, victims can be of any chronological age if their mental age makes them unable to consent to a sexual act. Other jurisdictions, such as Kentucky, eliminate the legal concept of "mental age" and treat sexting with a mentally incapacitated person as a specific crime.

Consensual teenage sex in the United States is common. A 1995 study revealed that, by the age of sixteen, 50% of U.S. teenagers have had sexual intercourse. In fact, it is estimated that there are more than 7 million incidents of statutory rape every year. However, it is clear that most incidents are not prosecuted and do not lead to arrests and convictions. Laws vary in their definitions of statutory rape. It is generally intended to punish heinous cases of an adult taking sexual advantage of a minor. Thus, many jurisdictions prohibit allowing a juvenile to be tried as an adult under this law (most jurisdictions have separate provisions for child molestation or forcible rape which can be applied to juveniles and for which a minor can be tried as an adult). Some jurisdictions also specify a minimum difference in age in order for the offense to be applicable. Under such terms, if the adult is, for instance, less than three years older than the minor, no crime has been committed or the penalty is far less severe. These are called "Romeo and Juliet" clauses.

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