Statutory Rape?

Post by **RogueIce** » 2003-05-29 11:52am

Kinda an offshoot of another thread...

If two minors willingly have sex with one another, is that statutory rape, because it's minors? And if they're both minors (say, 15 and 15), who gets the charge?

And what if you're newly turned 18, and your girl/boy friend of a long time is still, say, 16? Is it still illegal then?

In other words, could you, by law, be arrested for it, and is it, by law, a crime? Not if anyone would actually enforce it or not.

PS: This doesn't even remotely apply to me. The only person I'm interested in being with is already 18. Not that it's going anywhere, but that's a topic well discussed already. Just so you know I'm not discussing doing an illegal thing; I'm just asking if it's illegal in the first place.

Alyeska · Post by **Alyeska** » 2003-05-29 11:57am

If the two minors are relatively close in age, it is not statutory rape. However, if one is significantly older then the other (even with both being minors) the older can be charged with statutory rape. Now things get real interesting at a point. Two minors can get away with sex yet if one is a couple years older and turns 18 he is now commiting statutory rape and can now be prosecuted even though previously he (or she) would not have been. Worse still, statutory rape laws do not take into account the mental maturity of the consenting minor and some over zealous prosecutors will nail you even if they are a week from their birthday.

Post by **RogueIce** » 2003-05-29 12:06pm

How big a difference, though? 16-14? Lower? Higher?

And would 18-17 be legal? If not, they better hold off for a few months in case the parents want to be SOBs for some reason...

Alyeska · Post by **Alyeska** » 2003-05-29 12:22pm

RogueIce wrote:How big a difference, though? 16-14? Lower? Higher?

And would 18-17 be legal? If not, they better hold off for a few months in case the parents want to be SOBs for some reason...

The strange thing is that under 18 they can consent to each other, however if one is 18 and one is say 16, its statutory. Its a massive complex setup and its fucked up.

I don't know the hard numbers because each state has different rules.

Ted C · Post by **Ted C** » 2003-05-29 12:29pm

I think that in some US states, a minimum age difference between the two participants is required for a statutory rape charge.

Col. Crackpot · Post by **Col. Crackpot** » 2003-05-29 12:54pm

Ted C wrote:I think that in some US states, a minimum age difference between the two participants is required for a statutory rape charge.

in Rhode Island it is two years...Massachusetts is the same i think.

NapoleonGH · Post by **NapoleonGH** » 2003-05-29 01:14pm

well there are different laws in every state. To the best of my knowledge here in NJ, as it was explained be my health teacher, people are legally allowed to have sex after age 13, and they can have it with anyone up to 48 months older than them, this continues until age 18 when you can have sex with anyone you want. Generally though most other states are much more puritanical about sex for some unknown reason, and thus the age of consent is 16 for them.

h0rus · Post by **h0rus** » 2003-05-29 01:35pm

www.ageofconsent.com

Stupid laws, btw. But that's the beauty of privacy.

Col. Crackpot · Post by **Col. Crackpot** » 2003-05-29 01:57pm

h0rus wrote:www.ageofconsent.com

Stupid laws, btw. But that's the beauty of privacy.

freeky-deeky dutch let adults fuck 12 year olds. eeeewwwww!

InnerBrat · Post by **InnerBrat** » 2003-05-29 02:16pm

In the UK, there's no 'age gap'. It's legal for two 15 year olds to shag, but once one of you turns 16, they have to wait unitl the other catches up.

Illuminatus Primus · Post by **Illuminatus Primus** » 2003-05-29 02:21pm

RogueIce wrote:*snip*

www.ageofconsent.com

Scroll to FL.

GrandMasterTerwynn · Post by **GrandMasterTerwynn** » 2003-05-29 02:45pm

RogueIce wrote:Kinda an offshoot of another thread...

If two minors willingly have sex with one another, is that statutory rape, because it's minors? And if they're both minors (say, 15 and 15), who gets the charge?

And what if you're newly turned 18, and your girl/boy friend of a long time is still, say, 16? Is it still illegal then?

In other words, could you, by law, be arrested for it, and is it, by law, a crime? Not if anyone would actually enforce it or not.

PS: This doesn't even remotely apply to me. The only person I'm interested in being with is already 18. Not that it's going anywhere, but that's a topic well discussed already. Just so you know I'm not discussing doing an illegal thing; I'm just asking if it's illegal in the first place.

The rule of thumb is generally two to three years apart. The eighteen year-old with the sixteen year-old girlfriend might be able to get away with it, depending on how long ago she turned sixteen (and males are much, much more likely to have a planet dropped on them for statutory rape than females are.) Though some states have much tougher laws on the books. For example, in theory, just transmitting material over the Internet that could be deemed as 'gratifying the sexual desires' or a minor is illegal in the state of California.

Death from the Sea · Post by **Death from the Sea** » 2003-05-29 02:45pm

I know in Texas that minors have to be within one year of each other for it not to be statutory rape.

GrandMasterTerwynn · Post by **GrandMasterTerwynn** » 2003-05-29 02:48pm

RogueIce wrote:How big a difference, though? 16-14? Lower? Higher?

And would 18-17 be legal? If not, they better hold off for a few months in case the parents want to be SOBs for some reason...

Yes, when in doubt, don't do it. If, for example, I was the father of a teenaged daughter who was dating an 18 year old, and I didn't approve of the guy, and I caught them in the act, I could very easily have the guy charged with statutory rape. And, very likely, you would easily find a jury that would be more than happy to throw the book at the guy.

kojikun · Post by **kojikun** » 2003-05-29 05:02pm

what i'd like to know is, what makes the age of consent valid? what determines how ready i am to have sex? is it mental maturity? and if so, then is it not the parents and schools that are at fault for lack of maturity?

Darth Servo · Post by **Darth Servo** » 2003-05-29 05:55pm

kojikun wrote:what i'd like to know is, what makes the age of consent valid? what determines how ready i am to have sex? is it mental maturity? and if so, then is it not the parents and schools that are at fault for lack of maturity?

The government has to set a line somewhere. Determining the maturity in each case is a big pain in the ass. You could make the same argument for voting, driving, drinking, anything we have a legal set limit for. Its just a hell of a lot easier to set it at one age for everybody and leave it at that.

Lord Sander · Post by **Lord Sander** » 2003-05-29 05:57pm

Col. Crackpot wrote:freeky-deeky dutch let adults fuck 12 year olds. eeeewwwww!

Legally, yes, unless someone files a complaint. Socially it's not so accepted.
We have a strong emphasis on the right of people to control their own bodies though (early age of consent, legalized soft-drugs, homosexuality was already decriminalized in 1811 here, etc.).
Personally I think it only makes us better as a people. But you'll always have people denouncing us as perverted.

Illuminatus Primus · Post by **Illuminatus Primus** » 2003-05-29 06:04pm

Lord Sander wrote:
Col. Crackpot wrote:freeky-deeky dutch let adults fuck 12 year olds. eeeewwwww!
Legally, yes, unless someone files a complaint. Socially it's not so accepted.
We have a strong emphasis on the right of people to control their own bodies though (early age of consent, legalized soft-drugs, homosexuality was already decriminalized in 1811 here, etc.).
Personally I think it only makes us better as a people. But you'll always have people denouncing us as perverted.

I don't know. I don't think a 12-year old is mature enough to handle sex in a lot of cases and there's huge potential for paedophiles to exploit this.

Generally I adore Dutch social policies. It is, after all, my Fatherland.

kojikun · Post by **kojikun** » 2003-05-29 06:35pm

Prime, youre in the US where maturity in a child is looked upon as silly. Ever see a child try to act mature and proper? Parents just laugh. Noone tries to actually make kids be mature, thats left to growing up. Noone tells kids "forcing other people is bad" or "you have to be capable of self control". not in the US, anyway. kids here are sheltered, and not allowed to mature.

biologically speaking, humans are meant to reproduce as early as possible, which is, i believe, when a girl first gets he period and a boy first cums. from my own experience, i should have been reproducing since 11 years of age.

Lord Sander · Post by **Lord Sander** » 2003-05-29 06:37pm

Illuminatus Primus wrote:
Lord Sander wrote:Legally, yes, unless someone files a complaint. Socially it's not so accepted.
We have a strong emphasis on the right of people to control their own bodies though (early age of consent, legalized soft-drugs, homosexuality was already decriminalized in 1811 here, etc.).
Personally I think it only makes us better as a people. But you'll always have people denouncing us as perverted.
I don't know. I don't think a 12-year old is mature enough to handle sex in a lot of cases and there's huge potential for paedophiles to exploit this.

If they're not mature enough to handle it, generally they won't have sex in the first place. 12 year olds know enough to make an intelligent decision. On average Dutch teens choose to have their first sexual experience at a later age than their British counterparts.

Illuminatus Primus wrote: Generally I adore Dutch social policies. It is, after all, my Fatherland.

Literally or spiritually?

Post by **The Yosemite Bear** » 2003-05-29 08:00pm

It also get's really interesting in the Question of Federal Land/Foriegn Land inside of a state. Yes, in the Japanese trade expo in San Franciso, you are actually under Japanese law, In Yosemite California you are under Federal Law (Not State), and on Reservations you are covered under "Tribal" law, and Federal Law, rather then statelaw.

ArmorPierce · Post by **ArmorPierce** » 2003-05-30 12:34am

I heard of a case where a 15 year old boy was getting charged by statutory rape for having sex with a 14 year old girl.

neoolong · Post by **neoolong** » 2003-05-30 12:35am

ArmorPierce wrote:I heard of a case where a 15 year old boy was getting charged by statutory rape for having sex with a 14 year old girl.

Which state?

ArmorPierce · Post by **ArmorPierce** » 2003-05-30 12:38am

Don't recall, I heard it from a talk show, the montel show (I think) a few years ago.

CaptainChewbacca · Post by **CaptainChewbacca** » 2003-05-30 12:45am

In California, even if both are under 18 charges can be levvied against either of them.

Two 17 year-olds can each get charged. But, someone has to find out. And then, if one parent is bringing charges the other parent can...

Its a mess.

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