# Consent is not a defense in sexual crimes. Huh? **URL:** \ **Category:** Factual Questions\ **Created:** [January 19, 2009, 5:13pm UTC](https://boards.straightdope.com/t/consent-is-not-a-defense-in-sexual-crimes-huh/482011 "2009-01-19T17:13:36Z")\ **Posts on this page:** 13\ **Page:** 2
**Author:** ![Loach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/loach/32/350_2.png) [@Loach](https://boards.straightdope.com/u/Loach)\ **Post date:** [January 20, 2009, 2:19pm UTC](https://boards.straightdope.com/t/consent-is-not-a-defense-in-sexual-crimes-huh/482011/21 "2009-01-20T14:19:58Z")
No. ---
**Author:** ![sweeteviljesus](https://avatars.discourse-cdn.com/v4/letter/s/898d66/32.png) [@sweeteviljesus](https://boards.straightdope.com/u/sweeteviljesus)\ **Post date:** [January 20, 2009, 3:26pm UTC](https://boards.straightdope.com/t/consent-is-not-a-defense-in-sexual-crimes-huh/482011/22 "2009-01-20T15:26:13Z")
> [@Arkcon](#): > > Basically, to some definitions, everything other than vaginal intercourse is sodomy. **Might even be illegal if consensual.** (bolding mine.) [Not anymore.](http://en.wikipedia.org/wiki/Lawrence_v._Texas) At least not in the U.S. Rob ---
**Author:** ![Cervaise](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cervaise/32/16693_2.png) [@Cervaise](https://boards.straightdope.com/u/Cervaise)\ **Post date:** [January 20, 2009, 4:36pm UTC](https://boards.straightdope.com/t/consent-is-not-a-defense-in-sexual-crimes-huh/482011/23 "2009-01-20T16:36:20Z")
> [@Duck\_Quack\_s\_Echo](#): > > what is "oral sodomy’? “Awesome.” ---
**Author:** ![DrDeth](https://avatars.discourse-cdn.com/v4/letter/d/b487fb/32.png) [@DrDeth](https://boards.straightdope.com/u/DrDeth)\ **Post date:** [January 20, 2009, 5:13pm UTC](https://boards.straightdope.com/t/consent-is-not-a-defense-in-sexual-crimes-huh/482011/24 "2009-01-20T17:13:18Z")
> [@clairobscur](#): > > Didn’t read the article, but it’s probably a case of statutory rape. In which case, consent is indeed not a defence. Brown (the alleged victim) is 43. ---
**Author:** ![Telemark](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/telemark/32/372_2.png) [@Telemark](https://boards.straightdope.com/u/Telemark)\ **Post date:** [January 20, 2009, 5:24pm UTC](https://boards.straightdope.com/t/consent-is-not-a-defense-in-sexual-crimes-huh/482011/25 "2009-01-20T17:24:52Z")
> [@DrDeth](#): > > Brown (the alleged victim) is 43. Statutory Rape is not exclusively concerned with age. ---
**Author:** ![G0sp3l](https://avatars.discourse-cdn.com/v4/letter/g/c68b51/32.png) [@G0sp3l](https://boards.straightdope.com/u/G0sp3l)\ **Post date:** [January 20, 2009, 5:43pm UTC](https://boards.straightdope.com/t/consent-is-not-a-defense-in-sexual-crimes-huh/482011/26 "2009-01-20T17:43:18Z")
> [@Mk\_VII](#): > > Yes, they were hammering nails through each others dicks and stuff, and they lost even though the assaults were consensual. jezus f-ing christ man! Put a spoiler on that or something! :mad: I nearly vomitted. ---
**Author:** ![Raguleader](https://avatars.discourse-cdn.com/v4/letter/r/258eb7/32.png) [@Raguleader](https://boards.straightdope.com/u/Raguleader)\ **Post date:** [January 20, 2009, 7:15pm UTC](https://boards.straightdope.com/t/consent-is-not-a-defense-in-sexual-crimes-huh/482011/27 "2009-01-20T19:15:14Z")
> [@sweeteviljesus](#): > > (bolding mine.) > > [Not anymore.](http://en.wikipedia.org/wiki/Lawrence_v._Texas) At least not in the U.S. > > Rob Although it _is_ still illegal for members of the Armed Forces under the Uniform Code of Military Justice, although I can’t find a definition of Sodomy in the UCMJ other than “Unnatural Acts of Copulation with same sex, opposite sex, or animals” (Trees, however, are still A-OK) ---
**Author:** ![clairobscur](https://avatars.discourse-cdn.com/v4/letter/c/839c29/32.png) [@clairobscur](https://boards.straightdope.com/u/clairobscur)\ **Post date:** [January 20, 2009, 7:34pm UTC](https://boards.straightdope.com/t/consent-is-not-a-defense-in-sexual-crimes-huh/482011/28 "2009-01-20T19:34:55Z")
> [@DrDeth](#): > > Brown (the alleged victim) is 43. What \*\* Telemark \*\* said. If the victim is unable to give a legally valid consent, that’s statutory rape, regardless of age. ---
**Author:** ![DrDeth](https://avatars.discourse-cdn.com/v4/letter/d/b487fb/32.png) [@DrDeth](https://boards.straightdope.com/u/DrDeth)\ **Post date:** [January 20, 2009, 8:48pm UTC](https://boards.straightdope.com/t/consent-is-not-a-defense-in-sexual-crimes-huh/482011/29 "2009-01-20T20:48:17Z")
> [@clairobscur](#): > > What \*\* Telemark \*\* said. If the victim is unable to give a legally valid consent, that’s statutory rape, regardless of age. So, then Brown is _not_ 43?:dubious: ---
**Author:** ![clairobscur](https://avatars.discourse-cdn.com/v4/letter/c/839c29/32.png) [@clairobscur](https://boards.straightdope.com/u/clairobscur)\ **Post date:** [January 20, 2009, 9:06pm UTC](https://boards.straightdope.com/t/consent-is-not-a-defense-in-sexual-crimes-huh/482011/30 "2009-01-20T21:06:01Z")
> [@DrDeth](#): > > So, then Brown is _not_ 43?:dubious: 😕 I mean that even if Brown if 43, he might nevertheless be considered as unable to give a legally valid consent. In which case, it would be a statutory rape. I’m not sure what is unclear. A regular rape is when the victim didn’t give consent. A statutory rape happens when someone has consensual sex, but a statute deems this sexual intercourse to be nevertheless a rape. For instance because a the victim is under age, hence can’t give a _valid_ consent, according to a statute. But there might be any number of other situations where consensual sex is considered a rape according to a statute, depending on the country, jurisdiction, etc… In this case, it seems (according to previous posters) that it’s a situation where any sexual intercourse between a jailer and an inmate is considered as a rape, whether or not the inmate gave consent, according to a statute. So, it’s a statutory rape, even if the inmate is 99 yo. ---
**Author:** ![DrDeth](https://avatars.discourse-cdn.com/v4/letter/d/b487fb/32.png) [@DrDeth](https://boards.straightdope.com/u/DrDeth)\ **Post date:** [January 20, 2009, 9:24pm UTC](https://boards.straightdope.com/t/consent-is-not-a-defense-in-sexual-crimes-huh/482011/31 "2009-01-20T21:24:15Z")
> [@clairobscur](#): > > 😕 > I mean that even if Brown if 43, he might nevertheless be considered as unable to give a legally valid consent. . Brown is the female alleged victim, and according to news reports is indeed 43. For some reason, my fact as to her age seems to be taken by two posters now as an argument that her age means it can’t be statutaory rape. I said nothing of the sort. I said "_Brown (the alleged victim) is 43"_. I made no legal comment or opinion. Some dudes didn’t read the article, so I wanted to point out the alleged victims age in case anyone was confused on this point. Now, can you show that her age is not 43? or that she is not the alleged victim? or what? Have you even read the article? ---
**Author:** ![Telemark](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/telemark/32/372_2.png) [@Telemark](https://boards.straightdope.com/u/Telemark)\ **Post date:** [January 20, 2009, 9:49pm UTC](https://boards.straightdope.com/t/consent-is-not-a-defense-in-sexual-crimes-huh/482011/32 "2009-01-20T21:49:02Z")
> [@DrDeth](#): > > Now, can you show that her age is not 43? or that she is not the alleged victim? or what? Have you even read the article? Your age line was put in response to a quote about statutory rape, not about anyone questioning her age. I (and others) naturally thought you were saying it couldn’t be statutory rape because of her age. We were correcting what we thought you were saying. I didn’t get the impression that anyone was confused about her age. ---
**Author:** ![DrDeth](https://avatars.discourse-cdn.com/v4/letter/d/b487fb/32.png) [@DrDeth](https://boards.straightdope.com/u/DrDeth)\ **Post date:** [January 20, 2009, 9:57pm UTC](https://boards.straightdope.com/t/consent-is-not-a-defense-in-sexual-crimes-huh/482011/33 "2009-01-20T21:57:48Z")
> [@Telemark](#): > > Your age line was put in response to a quote about statutory rape, not about anyone questioning her age. I (and others) naturally thought you were saying it couldn’t be statutory rape because of her age. We were correcting what we thought you were saying. > > . Many posters are apparently not reading the article. Thus a post saying that in Statutory Rape consent is indeed not a defence would indicate to some that the victim here was underaged, which gives an entirely wrong impression. [Previous page](https://boards.straightdope.com/t/consent-is-not-a-defense-in-sexual-crimes-huh/482011.md?page=1)