# Statuatory Rape (U.S.) **URL:** \ **Category:** Factual Questions\ **Created:** [September 30, 2003, 11:26am UTC](https://boards.straightdope.com/t/statuatory-rape-u-s/204672 "2003-09-30T11:26:53Z")\ **Posts on this page:** 17\ **Page:** 1
**Author:** ![bienville](https://avatars.discourse-cdn.com/v4/letter/b/4bbf92/32.png) [@bienville](https://boards.straightdope.com/u/bienville)\ **Post date:** [September 30, 2003, 11:26am UTC](https://boards.straightdope.com/t/statuatory-rape-u-s/204672/1 "2003-09-30T11:26:53Z")
Is it true that if two minors have consentual intercourse the male is guilty of statuatory rape but the female isn’t? ---
**Author:** ![grimpixie](https://avatars.discourse-cdn.com/v4/letter/g/ecb155/32.png) [@grimpixie](https://boards.straightdope.com/u/grimpixie)\ **Post date:** [September 30, 2003, 11:38am UTC](https://boards.straightdope.com/t/statuatory-rape-u-s/204672/2 "2003-09-30T11:38:58Z")
> [@](#): > > In many cases, a man 19 or older is guilty of statutory rape if he has sex with a girl 15 or younger. From [this page](http://pangaea.org/street_children/nameri/rape.htm) Grim ---
**Author:** ![Otto](https://avatars.discourse-cdn.com/v4/letter/o/bbe5ce/32.png) [@Otto](https://boards.straightdope.com/u/Otto)\ **Post date:** [September 30, 2003, 1:12pm UTC](https://boards.straightdope.com/t/statuatory-rape-u-s/204672/3 "2003-09-30T13:12:06Z")
It depends on the jurisdiction. Generally speaking, two minors having sex with each other can both be charged with statutory rape (usually not called statutory rape but some degree of sexual assault). There was an IMHO thread not too long ago discussing a case where this very situation happened. One partner or the other doesn’t get a pass based on their sex/gender. ---
**Author:** ![handy](https://avatars.discourse-cdn.com/v4/letter/h/b5a626/32.png) [@handy](https://boards.straightdope.com/u/handy)\ **Post date:** [September 30, 2003, 2:19pm UTC](https://boards.straightdope.com/t/statuatory-rape-u-s/204672/4 "2003-09-30T14:19:59Z")
A minor is someone under 21 in my area according to some lawyer for a local BBS. People under 21 can legally have sex, yes. ---
**Author:** ![JRDelirious](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jrdelirious/32/9531_2.png) [@JRDelirious](https://boards.straightdope.com/u/JRDelirious)\ **Post date:** [September 30, 2003, 2:49pm UTC](https://boards.straightdope.com/t/statuatory-rape-u-s/204672/5 "2003-09-30T14:49:19Z")
As mentioned, depends on the local jurisdiction for the definition of when “statutory rape” happens, for the definition of “minors” and for what would be the charges and procedures for juveniles in that situation. I believe by now in most US jurisdictions it is as **Otto** mentions. If anything, the **older** partner, regardless of gender, would be presumed to be the one that is at greater fault. (OTOH, that _all else being equal_ or at least close to it, the _social-cultural_ tendency would be to see the female as the “victim”, even if they are of a same age, and thus there would be great pressure on police and prosecutors to try and get heavier on the boy, is another story. But that’s custom and practice, it’s not necessarily the LAW\*) However, on top of this, the Age-Of-Consent that triggers the charge with “statutory rape” may be and often is different, in each state, from the age at which you may be charged and tried for a crime in that state, and from the age of full “legal adulthood”. There are AoC’s as low as 12 and as high as 18 , ages of “legal adulthood” between 18 and 21, and ages of prosecutability from 14 to 18 and even lower depending on how heinous the crime. If neither of the parties is prosecutable as an adult, they may be handled by the juvenile system, which would not call it “rape” and would not brand you with a criminal record for life, but still could put both thru the wringer. (and I have read about so-caled “Romeo and Juliet” laws under which there is a “window” of ages for older minors to carry on with their peers while off-limits to dirty old bastihds.) (\* Though, for instance, in my jurisdiction we still have the older statute where, by the very definition of the terms, a legal charge using the specific word “rape” can only be made for acts committed by a male upon a female, so other acts have to be covered by other articles.) ---
**Author:** ![Otto](https://avatars.discourse-cdn.com/v4/letter/o/bbe5ce/32.png) [@Otto](https://boards.straightdope.com/u/Otto)\ **Post date:** [September 30, 2003, 6:04pm UTC](https://boards.straightdope.com/t/statuatory-rape-u-s/204672/6 "2003-09-30T18:04:01Z")
> [@](#): > > \*Originally spewed by handy \* > \*\*A minor is someone under 21 in my area according to some lawyer for a local BBS. People under 21 can legally have sex, yes. \*\* Get me my cigar cutter… From the [url=http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=9457934330+1+0+0&WAISaction=retrieve]California Penal Code section 261.5[/url: > [@](#): > > (a) Unlawful sexual intercourse is an act of sexual > intercourse accomplished with a person who is not the spouse of the > perpetrator, if the person is a minor. For the purposes of this > section, a “minor” is a person under the age of 18 years and an > “adult” is a person who is at least 18 years of age. > (b) Any person who engages in an act of unlawful sexual > intercourse with a minor who is not more than three years older or > three years younger than the perpetrator, is guilty of a misdemeanor. > > © Any person who engages in an act of unlawful sexual > intercourse with a minor who is more than three years younger than > the perpetrator is guilty of either a misdemeanor or a felony, and > shall be punished by imprisonment in a county jail not exceeding one > year, or by imprisonment in the state prison. > (d) Any person 21 years of age or older who engages in an act of > unlawful sexual intercourse with a minor who is under 16 years of age > is guilty of either a misdemeanor or a felony, and shall be punished > by imprisonment in a county jail not exceeding one year, or by > imprisonment in the state prison for two, three, or four years. > (e) (1) Notwithstanding any other provision of this section, an > adult who engages in an act of sexual intercourse with a minor in > violation of this section may be liable for civil penalties in the > following amounts: > (A) An adult who engages in an act of unlawful sexual intercourse > with a minor less than two years younger than the adult is liable for > a civil penalty not to exceed two thousand dollars ($2,000). > (B) An adult who engages in an act of unlawful sexual intercourse > with a minor at least two years younger than the adult is liable for > a civil penalty not to exceed five thousand dollars ($5,000). > © An adult who engages in an act of unlawful sexual intercourse > with a minor at least three years younger than the adult is liable > for a civil penalty not to exceed ten thousand dollars ($10,000). > (D) An adult over the age of 21 years who engages in an act of > unlawful sexual intercourse with a minor under 16 years of age is > liable for a civil penalty not to exceed twenty-five thousand dollars > ($25,000). So in point of fact, **handy** , you and your “lawyer for a local BBS” are both wrong. A minor in California where you live for purposes of unlawful sexual intercourse is someone who is under the age of 18 years. ---
**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\ **Post date:** [September 30, 2003, 8:47pm UTC](https://boards.straightdope.com/t/statuatory-rape-u-s/204672/7 "2003-09-30T20:47:23Z")
**Otto** - as usual - is right. **Handy** is wrong, and inexplicably decided to post incorrect information in answer to a GQ. Why he or she would choose to do that is unclear to me. - Rick ---
**Author:** ![Jodi](https://avatars.discourse-cdn.com/v4/letter/j/7feea3/32.png) [@Jodi](https://boards.straightdope.com/u/Jodi)\ **Post date:** [September 30, 2003, 9:36pm UTC](https://boards.straightdope.com/t/statuatory-rape-u-s/204672/8 "2003-09-30T21:36:15Z")
OTTO – > [@](#): > > It depends on the jurisdiction. Generally speaking, two minors having sex with each other can both be charged with statutory rape (usually not called statutory rape but some degree of sexual assault). I don’t know if this is “generally speaking.” In some jurisdictions, such as California, apparently, two minors having sex can constitute statutory rape. In other jursidictions, including mine (Washington State), the perpetrator has to be a number of years older than the victim in order for a charge of statutory rape to be brought – two, three, or four years, in my jurisdiction (depending on the degree of the crime). So in this state two minors having sex would _not_ constitute statutory rape at all if the participants are within two years of an age with each other, and may or may not be if the older participant is three or four years older, depending on the age of the alleged victim. Based on that, I don’t know that it’s accurate to say one or the other rule holds in the U.S. “generally speaking.” But in no case AFAIK does the analysis turn on the gender of the older party – the potential perpetrator. Statutory rape can be committed by either male or female, and no state AFAIK differentiates on the basis of gender. ---
**Author:** ![handy](https://avatars.discourse-cdn.com/v4/letter/h/b5a626/32.png) [@handy](https://boards.straightdope.com/u/handy)\ **Post date:** [September 30, 2003, 10:12pm UTC](https://boards.straightdope.com/t/statuatory-rape-u-s/204672/9 "2003-09-30T22:12:20Z")
" So in point of fact, handy, you and your “lawyer for a local BBS” are both wrong." Nope, I’m not wrong, technically. Look at the Family Code, state of California Section 6502(a). A ‘minor’ was anyone under 21, until March 4, 1972. Someone in my family got married under 18 in California, thus legally still a minor at that time & had sex & wasn’t charged. ---
**Author:** ![Otto](https://avatars.discourse-cdn.com/v4/letter/o/bbe5ce/32.png) [@Otto](https://boards.straightdope.com/u/Otto)\ **Post date:** [September 30, 2003, 11:05pm UTC](https://boards.straightdope.com/t/statuatory-rape-u-s/204672/10 "2003-09-30T23:05:35Z")
And **handy** , if this were 1972, your point would have some relevance. I refer you to today’s date. **Jodi** , I concede that my wording was sloppy. Thanks for the clarification. ---
**Author:** ![Jodi](https://avatars.discourse-cdn.com/v4/letter/j/7feea3/32.png) [@Jodi](https://boards.straightdope.com/u/Jodi)\ **Post date:** [September 30, 2003, 11:12pm UTC](https://boards.straightdope.com/t/statuatory-rape-u-s/204672/11 "2003-09-30T23:12:49Z")
C’mon, HANDY, “technically” you are totally wrong – unless the you read the question as asking for the state of the law 21 years ago. And if your “local BBS” attorney told you something that hasn’t been correct in your state for 21 years, you might want to totally disregard whatever else he or she might have told you. ---
**Author:** ![Tuckerfan](https://avatars.discourse-cdn.com/v4/letter/t/eada6e/32.png) [@Tuckerfan](https://boards.straightdope.com/u/Tuckerfan)\ **Post date:** [September 30, 2003, 11:37pm UTC](https://boards.straightdope.com/t/statuatory-rape-u-s/204672/12 "2003-09-30T23:37:49Z")
There’s also the issue of the prosecutor _wanting_ to file charges, which they may **not** do even though an individual is in violation of the law. Here in TN, there was a case about 10 years ago, where a man was charged with statutory rape, only to have the DA dismiss the case after it came out in court that the minor the man had sex with, was living with her boyfriend (who was the same age as the man), with her mother’s permission and her mother’s knowledge that the two of them were sexually active. I’d wager that a _lot_ of the statutory rape cases were brought by some DA who was looking to boost his chances come reelection time. ---
**Author:** ![The\_Ryan](https://avatars.discourse-cdn.com/v4/letter/t/7feea3/32.png) [@The\_Ryan](https://boards.straightdope.com/u/The_Ryan)\ **Post date:** [October 1, 2003, 7:02pm UTC](https://boards.straightdope.com/t/statuatory-rape-u-s/204672/13 "2003-10-01T19:02:47Z")
So why is the term “minor in possesion of alcohol” used to refer to those between the ages of 18 and 21? ---
**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\ **Post date:** [October 1, 2003, 8:54pm UTC](https://boards.straightdope.com/t/statuatory-rape-u-s/204672/14 "2003-10-01T20:54:14Z")
> [@](#): > > \*Originally posted by The Ryan \* > So why is the term “minor in possesion of alcohol” used to refer to those between the ages of 18 and 21? From Otto’s post, with emphasis mine: > [@](#): > > (a) Unlawful sexual intercourse is an act of sexual intercourse accomplished with a person who is not the spouse of the perpetrator, if the person is a minor. **For the purposes of this section** , a “minor” is a person under the age of 18 years and an “adult” is a person who is at least 18 years of age. The OP asks about sex. The definition Otto gave refers to a minor in that context. Handy: You were wrong. And your “someone in my family” example is also completely useless, since Otto’s posted language clearly removes from the reach of the statute spouses having sex with each other, regardless of their age. The law in 1972 is plainly irrelevant to this question. No one asked you for the age requirements of the law in twelfth-century Britain, either, or what it was in Swift’s fictional Republic of Gondor. Do you plan to present some evidence of either of those if they buttress your earlier incorrect assertion? - Rick ---
**Author:** ![Crispy](https://avatars.discourse-cdn.com/v4/letter/c/e47774/32.png) [@Crispy](https://boards.straightdope.com/u/Crispy)\ **Post date:** [October 1, 2003, 9:05pm UTC](https://boards.straightdope.com/t/statuatory-rape-u-s/204672/15 "2003-10-01T21:05:13Z")
Gives you all the info you need on the topic.ageofconsent.com ---
**Author:** ![The\_Ryan](https://avatars.discourse-cdn.com/v4/letter/t/7feea3/32.png) [@The\_Ryan](https://boards.straightdope.com/u/The_Ryan)\ **Post date:** [October 1, 2003, 9:53pm UTC](https://boards.straightdope.com/t/statuatory-rape-u-s/204672/16 "2003-10-01T21:53:23Z")
If a statute says “For the purposes of this section, a ‘horse’ is a mechanical device used to convey people from location to another”, that doesn’t mean that a horse is actually a mechanical device. While, in the context of this thread, handy’s comment was misleading, I don’t think it is completely wrong. If you’re saying that “minor” is a word whose meaning depends on context, and in this context it means someone under the age of 18, it might be helpful to say so. I can see how you might think this is a nitpick, but I think that the impression given is that “minor” is a term whose meaning is independent of context. ---
**Author:** ![Jodi](https://avatars.discourse-cdn.com/v4/letter/j/7feea3/32.png) [@Jodi](https://boards.straightdope.com/u/Jodi)\ **Post date:** [October 1, 2003, 10:26pm UTC](https://boards.straightdope.com/t/statuatory-rape-u-s/204672/17 "2003-10-01T22:26:38Z")
> [@](#): > > While, in the context of this thread, handy’s comment was misleading, I don’t think it is completely wrong. In the context of this thread, HANDY’s answer was and is completely wrong. The fact that it might not be wrong under other circumstances, at other times, perhaps in a galaxy far, far away, is irrelevant. The context is given by the OP: _sex_ between minors. The answers were naturally given in that context. If someone posts the question “I was reading a British book that talked about a person weighing 12 stone. What’s a stone?” and a person answers “A stone is a rock,” then that answer is, in that context, wrong. Not “misleading,” not “dependent on context” (when the context is given): wrong. I’m not busting HANDY’s chops, but he was just flat out – well, you know.