Age of consent question

Factual Questions
1

ZPG the Zealot has a thread running at the minute about what to do when teenagers fuck. I have no intention of reading past the first page of that thread, DNFTT and all that, but I do have a question.

Frank asked “Please cite that it is statutory rape for two sixteen-year-olds to have sex where you live.”

needscoffee linked to a wiki page showing the minimum age of consent in American states. Ages of consent in North America - Wikipedia

Although this cite showed the ages of consent, I dont believe it explains what the case is where both parties are below the age of consent.

So when attorneys are consulted over two 16 year olds having sex, as in Zealots example, will they both be charged with rape? The male only? Neither of them?

2

Many states have what are called “Romeo and Juliet Laws” to protect teenagers from being prosecuted for having sex with each other.

And even in states without such laws, unless a prosecutor has a wild hair up his butt (e.g., he’s running for re-election and doesn’t want to appear soft on crime), a teenager isn’t going to be prosecuted for consensual sex with another teenager.

HOWEVER, if there are nude pictures involved in the relationship, child pornography laws may come into play.

ETA: Statutory rape - Wikipedia

3

typically R&J laws apply if one of the two is over the age of consent (but not enough) - they aren’t really applicable if both are under the age of consent.

OP: most of the sex statutes are predicated on the perpetrator being over the age of consent.

4

To clarify, yes I am aware of Romeo and Juliet laws, but dont they apply to cases where one of the parties is older than the other?

When they are the same age, wouldnt charging one mean you would be obligated to charge the other for the exact same crime?

Also, I am aware that most prosecuters would not bother with cases like this, that goes without saying.

5

The linked Wiki article on R&J laws claims that they may apply when both are underage, or when only one is. It also claims that in California, two underagers would both be prosecuted for a misdemeanor version of statutory rape.

It also goes on to state that depending on jurisdiction, it may not actually legalize the act, but only reduce charges or penalties.

6

FWIW, the Utah Supreme Court ruled that doing so was absurd, and they ultimately overturned a 13 year old’s conviction.

In Z.C.'s case, however, where both children were under the age of fourteen and were of similar age, where both children met the intent requirement of the statute, and where there was no evidence of any coercion or force, we conclude that application of the child sex abuse statute produces an absurd result.10

I don’t know that California has convicted anyone of this, or has taken the point to the Supreme Court - it just seems like a badly written statute. Examining the statutes from such a liberal state like Alabama - they require the perp. to be a major.

7

In the title you forgot “…need answer fast!”