Some often assume their potential sexual partner is above the age of consent based on the way he or she looks, but looks can be very deceiving. Others are deceived into thinking their sexual partner is of age. The hard truth is that yes, you can still be charged with statutory rape even if you were unaware your sexual partner was under the age of This holds true even if your sexual partner lied to you about their age.
Nonjuror asks :. Tim Loughton MP wants each of any pair of unders who have sex to face criminal prosecution under the existing law. As I understand it, all persons have a human right to consensual sexual activity, so are the grounds on which these unders are deemed not to have that right going suddenly, at some time, to be similarly found untenable because this prohibition is founded on no more than the interest, inconvenience or embarrassment of adults? For centuries, the law prohibiting sexual activity with children has operated on the basis that there is a certain age below which children cannot consent to sex. The statutory age of consent for heterosexual sex has gradually increased from 11 to 16 and this is also now the age at which consensual homosexual sex is legal.
Can I Be Charged With Statutory Rape If I Thought My Partner Was Over 18?
By Monica Steiner , Contributing Author. In New York, it is illegal for an adult someone 18 or older to have sex with a minor someone younger than 17 , even if the sex is consensual. Those who break the law have committed statutory rape. Statutory rape laws are premised on the assumption that minors are incapable of giving informed consent to sexual activities.
In the United States, age of consent laws regarding sexual activity are made at the state level. There are several federal statutes related to protecting minors from sexual predators, but laws regarding specific age requirements for sexual consent are left to individual states , District of Columbia , and territories. Depending on the jurisdiction, the legal age of consent is between 16 and In some places, civil and criminal laws within the same state conflict with each other. Different jurisdictions express these definitions differently.