My question regards statuatory rape. It’s been held in different jurisdictions that you can still have a prosecution for statuatory rape even if both parties are minors. The tendency is usually to prosecute the male; but also there’s a tendency to prosecute the older of the participants. So what happens when there’s a conflict? For example:
17 1/2 y.o. boy has sex with 13 y.o. girl. Boy gets prosecuted.
17 1/2 y.o. boy has sex with 17 1/2 y.o. girl. Boy gets prosecuted.
13 y.o boy has sex with 13 y.o. girl. Boy gets prosecuted.
17 1/2 y.o girl has sex with 13 y.o. boy. Girl gets prosecuted (if only because no jury in America would buy that the girl was the “victim” is that case).
So where is the turnover point where the presumption of guilt defaults to the male? When the male is within one year’s age of the female? Two years? Three?