Statutory Rape

Menstuff® has compiled the following information on Statutory Rape. Note: Many states like Missouri appear to say only a male can commit statutory rape:

Unlawful Sexual Intercourse - "Statutory Rape"

566.034.

1. A person commits the crime of statutory rape in the second degree if being twenty-one years of age or older, he has sexual intercourse with another person who is less than seventeen years of age.

2. Statutory rape in the second degree is a class C felony. (L. 1994 S.B. 693) Effective 1-1-95 As of August 28, 2001.

Source: www.moga.state.mo.us/statutes/C500-599/5660034.HTM

In other words, if you are over the age of consent and you have sex with a girl who is under the age of consent, even though she willingly has sex with you, you are guilty of statutory rape.

Since you are 21, you would be at or over the age of consent almost anywhere in the world. So it would be considered statutory rape if you had sex with someone younger than the age of consent.

Sex

Country
Male-Female Sex
Male-Male Sex
Female-Female Sex

Albania

14

14/18??

14

 

Algeria Rev 08/2000 16 illegal illegal

Andorra Rev 01/2001 16 16 16

Antiqua (Barbuda) Rev 01/2001 16 18 16

Argentina Rev 01/2001 12/15/16 12/15/16 12/15/16

Armenia Rev 01/2001 16 illegal unknown

Aruba Rev 01/2001 16 16 16

Australia ACT Rev 03/2001 16 16 16

Australia NSW Rev 03/2001 16 18 * no laws

Australia NT Rev 03/2001 16 18 no laws

Australia Queensland

Rev 03/2002 16 18 (READ) 16

Australia SA Rev 03/2001 16/17 16/17 16/17

Australia Tasmania Rev 03/2001 17 17 (legalised Apr 97

after 9 years battle) no laws

Australia Victoria Rev 03/2002 17 17 17

Australia WA Rev 03/2001 16 21 16

Austria Rev 07/2002 14 Struck Down 14 14

Azerbaijan Rev 01/2001 16 illegal undefined

Bahamas Rev 01/2001 16 18 (read) 18 (read)

Bahrain Rev 01/2001 illegal illegal

Bangladesh Rev 01/2001 illegal illegal

Barbados Rev 01/2001 16 illegal

Belarus Rev 01/2001 16/18 16 16

Belgium Rev 01/2001 16 16 16

Belize Rev 01/17/2001 16 legal? legal?

Benin Rev 01/2001 illegal illegal

Bermuda Rev 03/2002 16 18 16

Bhutan Rev 01/2001 illegal

Bolivia Rev 07/2002 17

Bosnia Rev 01/2001 16 16 16

Botswana Rev 01/2001 16-F/14-M illegal

Brazil Rev 01/2001 14/18 14/18 14/18

Brunei Rev 01/2001 14/16 illegal illegal

Bulgaria Rev 01/2001 14/15 14/18 14/18

Burkina Faso Rev 01/2001 13 21 21

Burma illegal

Burundi illegal

Cambodia (Kampuchea)

Rev 07/2002 15/16 ? ?

Cameroon illegal

Canada Rev 07/2002 14 18 14

Cape Verde illegal

Cayman Islands Rev 03/2002

Chile Rev 04/2002 12 18 18

China Rev 01/2001 14 not defined not defined

China - Hong Kong Rev 01/2001 16 21 ?

Colombia Rev 01/2001 12/14 14 14

Cook Islands Rev 01/17/2001

Costa Rica Rev 03/2002 15/16 15- illegal - ? 15 - illegal - ?

Cote D'Ivoire Rev 08/2000 15

Croatia Rev 01/2001 14 14/18? 14/18?

Cuba Rev 3/2002 16 16 16

Cyprus Rev 07/2002 NEW! 17 17 17

Cyprus - SARS Rev 07/2002 NEW! 17 17 17

Czech Republic Rev 01/2001 15 15 15

Denmark Rev 01/2001 15 15 15

Dominica Rev 01/2001 16 ? ?

Dominican Republic Rev 01/2001 18 18 18

Dutch Antilles 16 16 16

Ecuador Rev 01/2001 undefined? ?

Egypt Rev 03/2002 18 18-illegal? 18-illegal?

El Salvador Rev 01/2001 16 ? ?

Eritrea Rev 01/2001 18 18 18

Estonia Rev 07/2002 14 16? 16?

Ethiopa Rev 04/2001 15

Falken Isl Malvinas Rev 01/2001 16 18 16

Faroe Islands 15 18 18

Fiji Rev 01/17/2001 16 ? ?

Finland (new laws 1/1/99?)

Rev 01/2001 16 18 18

France Rev 01/2001 15 15 15

French Guiana Rev 01/2001 15 15 15

French Polynesia Tahiti 15 15 15

Gabon Rev 01/2001 15 15 15

Georgia (Russia) Rev 01/2001 illegal

Germany Rev 01/2001 14/16 14/16 14/16

Ghana ?

Greece Rev 01/2001 15/17 17 15/17

Greenland

Grenada Rev 01/2001 17 illegal illegal

Guam Rev 09/2000 16

Guadeloupe Rev 01/2001 15 15 15

Guatemala Rev 01/2001 18 18 18

Guinea Rev 01/2001 15

Guyana Rev 01/2001 13 illegal illegal

Haiti 18 18 18

Honduras Rev 03/2002 14/17 14 14

Hong Kong Rev 09/2000 18M/16F 21 ?

Hungary Rev 01/2001 14 18 18

Iceland Rev 03/2002 14 14 14

India Rev 01/2001 16 illegal illegal

Indonesia Rev 03/2002 17 no laws no laws

Iran Rev 07/2002 None outside marriage illegal illegal

Iraq Rev 01/2001 18 ? ?

Ireland Rev 03/2001 17 17 17

Israel Rev 03/2001 16 16 16

Italy Rev 06/2001 14 14 14

Jamaica Rev 01/2001 16 illegal illegal

Japan Rev 07/2002 16/18 16/18 16/18

Jordan 16 illegal illegal

Kenya Rev 01/2001 16 illegal illegal

Kiribati Rev 01/17/2001

Korea Rev 03/2002 13 13 13

Kosovo 14 18 14

Kuwait illegal illegal

Latvia Rev 04/2001 16 legal? legal?

Lebanon Rev 03/2002 15/18 illegal illegal

Liberia Rev 04/2001 16

Liechtenstein 14 14/18 14

Lithuania 16 18 16

Luxembourg Rev 01/2001 16 16 16

Macao Rev 08/2000 16/17

Madegascar Rev 09/2001 21? 21 21

Mali Rev 08/2000 16

Malta Rev 01/2001 12/18 12/18 12/18

Malaysia Rev 08/2000 married - 16? illegal illegal

Martinique 15 15 15

Mauritius Rev 01/2001 15 illegal illegal

México Rev 07/2002 12 18 18

Moldova Rev 01/2001 16 16 16

Monaco Rev 01/2001 15 15 15

Montenegro Rev 01/2001 14 14 14

Morocco Rev 03/2001 15

Mozambique illegal

Namibia Rev 04/2001 16 illegal

Nepal Rev 04/2001 16 ? ?

Netherlands Rev 03/2002 12/16 12/16 12/16

Netherland Antilles 16 16 16

New Caledonia 15 15 15

New Zealand Rev 03/2002 16 16 16

Nicaragua ?

Nigeria Rev 06/2001 13 ? ?

Niue Rev 01/17/2001

Norway Rev 01/2001 16 16 16

Oman Rev 01/2001 none! illegal illegal

Pakistan Rev 05/2003 none! (?) (read comments) (read comments)

Panama Rev 01/2001 12/18? ?

Papua - New Guinea 16 illegal 16

Paraquay Rev 07/2002 12 ?

Peru Rev 06/2001 14 14 14

Pitcairn Rev 07/2002 unk (debate)

Poland Rev 01/2001 15 15 15

Portugal Rev 01/2001 14/16? ? ?

Philippines Rev 03/2002 12/18 18 18

Puerto Rico Rev 01/2001 14 Illegal (under appeal) Illegal (under appeal)

Qatar illegal illegal

Romania Rev 01/2001 14 illegal illegal

Russia Rev 06/2002 14/16? New Law?? 14/16? 14/16?

Rwanda Rev 02/2001 18 18 18

San Marino Rev 01/2001 14/16 14/16 14/16

Saudi Arabia must be married illegal illegal

Senegal illegal illegal

Serbia Rev 07/2002 14 18 14

Singapore Rev 07/2002 (Read) 14/16 illegal illegal

Slovakia Rev 01/2001 15 15 15

Slovenia Rev 01/2001 14 14 14

Soloman Islands Rev 01/2001

South Africa Rev 04/2001 16 19 19

South Korea 13 13 13

Spain Rev 01/2001 13 13 13

Sri Lanka Rev 01/2001 16 illegal 16

St. Kitts and Nevis Rev 01/2001 14/16

St. Martin (Rev 11/2000) ?

Surinami 16 18 16

Sweden Rev 01/2001 15 15 15

Swaziland Rev 01/2001 18 illegal illegal

Switzerland Rev 01/2001 16 16 16

Syria Rev 01/2001 13/15 illegal illegal

Taiwan 16 16 16

Tanzania Rev 01/2001 16 illegal illegal

Thailand Rev 07/2002 15 legal at all ages? ?

Togo Rev 08/2000 14

Tonga Rev 01/17/2001 16 illegal

Trinidad & Tobago Rev 03/2002 16 illegal illegal

Tunisia Rev 01/2001 20 illegal illegal

Turkey Rev 03/2003 15/16

unmarried-illegal 18 18

Tuvalu Rev 01/17/2001 illegal

Uganda Rev 01/2001 18 illegal illegal

Ukraine Rev 01/2001 16 16 16

United Arab Emirates 18 Illegal? Illegal?

Uzbekistan Rev 01/2001 16 illegal 16

Uruguay Rev 01/2001 16 ?

Vanuatu Rev 01/17/2001 18 18 18

Venezuela Rev 04/2001 16 16 16

Vietnam Rev 03/2002 18 ? ?

Vojvodina 14 18 14

Western Samoa Rev 01/17/2001

Yemen illegal

Yugoslavia Rev 07/2002 ? 18

Zaire Rev 07/2002 illegal

Zambia Rev 07/2002 16

Zimbabwe Rev 01/2001 12/16 illegal illegal

United Kingdom England, Scotland & Wales Rev 06/2001 16 16 16

United Kingdom Northern Ireland Rev 06/2001 17 17 17

USA Alabama Rev 06/2001 16 illegal illegal

USA Alaska Rev 08/2000 16 16 16

USA Arizona Rev 06/2001 18 Law Repealed Law Repealed

USA Arkansas Rev 03/2001 16 Law Invalidated Law Invalidated

USA California Rev 04/2001 18 18 18

USA Colorado Rev 04/2002 15/17 17 17

USA Connecticut Rev 04/2001 16 16 16

USA D.C. Rev 08/2000 16 Law Repealed Law Repealed

USA Delaware Rev 03/2002 16/18 Law Repealed Law Repealed

USA Florida Rev 06/2001 16/18 Illegal Illegal

USA Georgia Rev 07/2002 MUST READ! 16 16 16

USA Hawaii Rev 03/2002 16 Law Repealed Law Repealed

USA Idaho Rev 04/2001 16/18 Illegal Illegal

USA Illinois 17 17 17

USA Indiana 16 16 16

USA Iowa Rev 03/2002 14/16 Law Repealed Law Repealed

USA Kansas Rev 06/2001 16 illegal illegal

USA Kentucky 16 Law Invalidated Law Invalidated

USA Louisiana Rev 03/2002 17 Illegal Illegal

USA Maine 16 16 16

USA Maryland Rev 04/2002 16 Law Invalidated Law Invalidated

USA Massachusetts Rev 07/2002 16/18 READ -Law Invalidated READ -Law Invalidated

USA Michigan Rev 04/2001 16 Illegal Illegal

USA Minnesota Rev 03/2002 16 Law Invalidated Law Invalidated

USA Mississippi Rev 03/2002 16 (laws passed June 1, 1998) Illegal Illegal

USA Missouri Rev 03/2002 14/17 Illegal Illegal

USA Montana Rev 10/99 16/18 18 18

USA Nebraska 17 Law Repealed Law Repealed

USA Nevada Rev 1/2000 16 18 18

USA New Hampshire Rev 03/2002 16 18 18

USA New Jersey 16 16 16

USA New Mexico 17 13 13

USA New York Rev 03/2002 17 17 17

USA North Carolina Rev 03/2002 16 Illegal Illegal

USA North Dakota 18 Law Repealed Law Repealed

USA Ohio Rev 11/2000 16 Law Repealed Law Repealed

USA Oklahoma Rev 03/2002 16 16 -illegal??? 16 -illegal???

USA Oregon 18 18 18

USA Pennsylvania 16 16 16

USA Rhode IslandnRev 06/2001 16 Law Repealed Law Repealed

USA South CarolinanRev 03/2002 14/16-bill pending Illegal Illegal

USA South Dakota 16 Law Repealed 16 Law Repealed 16

USA Tennessee Rev 04/2001 18 Law Invalidated Law Invalidated

USA Texas Rev 03/2002 17 Illegal 03/2001 Illegal 03/2001

USA Utah Rev Rev 04/2001 16/18 Illegal Illegal

USA Vermont 16 Law Repealed Law Repealed

USA Virginia Rev 07/2000 18 illegal illegal

USA Washington Rev 06/2001 16/18 16/18 16/18

USA West Virginia 16 18? 18?

USA Wisconsin Rev 03/2002 18 18 18

USA Wyoming Rev 12/99 16 / 18? Law Repealed Law Repealed

USA Military Rev 06/2001 16 illegal illegal

 

USA Traveling Citizens READ Rev 07/2002

Met over the Internet for Sex? Interesting Kansas case. (07-2000)

Also check "Misc US Predator Laws"

Also check "Contributing to the Delinquency of a Minor" laws

If you have a question on the stirctly legal aspects of underage sex, ask the folks at www.Sexlaws.org.

Unlawful Sexual Intercourse - "Statutory Rape"


What is unlawful sexual intercourse?

Under California law, it is illegal to have sexual intercourse with anyone under the age of eighteen (a "minor"). Unlawful sexual intercourse is also known as "Statutory Rape." There are two situations in which unlawful sexual intercourse can occur:

The only situation in which it is legal for minors to have sex is if the minor is legally married and has sex with his or her spouse.

What are the penalties for unlawful sexual intercourse?

If a person is no more than three years older than the minor with whom they have sex, that person is guilty of a misdemeanor and can be imprisoned in the county jail for up to one year or fined up to $1,000.00.

If a person is more than three years older than the minor with whom they have sex, that person is guilty of a misdemeanor or a felony. If convicted of a felony, that person can be imprisoned in state prison for up to four years.

What if I willingly had sex?

The person you had sex with can be prosecuted under the unlawful sexual intercourse law even if you wanted to have sex with him/her. If you did not want to have sex with that person, s/he can be prosecuted under the unlawful sexual intercourse law, child abuse laws, or the sexual assault and rape laws, depending on the situation.

Can a person be charged with this crime if they had sex with a minor of the same gender?

No. Only people who engage in heterosexual intercourse (vaginal penetration) can be prosecuted for unlawful sexual intercourse. However, there are other laws that make it illegal to have same-sex relations with a minor.

How would anyone know that I had sex?

The easiest way for the police or the District Attorney's office to find out that you had sex is if you have a baby. The DA's office might discover that you have a baby if you apply for welfare or for child support; additionally, personnel at the hospital where you give birth sometimes call the DA. Keep in mind, however, that you do not have to have a baby for the District Attorney to be alerted that someone is having unlawful sexual intercourse. Sometimes, parents call the police and report that their child (a minor) is having sex with an adult. Additionally, anyone, including you, can tell the police or the DA that you have had sex. Under certain circumstances, there are people who, because of their jobs, are required to report that you've had sex (see below). The District Attorney decides which cases to investigate, and then which cases to prosecute.

What?!?!?! A minor can be convicted of having sex with another minor?

The actual law does allow for such convictions, but the cases tend to show that these are not prosecuted very often- unless there is evidence that the sexual act was not consensual.

If I tell someone that I've had sex, will they report it?

Anyone other than someone with whom you have a "confidential relationship" can report to the police that you are a minor who has had sex. You have a confidential relationship with your attorney, your social worker, your counselor, and your doctor. Keep in mind that in some situations, even people with whom you have a confidential relationship are alsomandated reporters* and are required by law to report an act of unlawful sexual intercourse under certain circumstances. Mandated reporters* must give information about unlawful sexual intercourse to a child protective agency in four situations:

The voluntary sexual situations that must be reported include:

Mandated reporters include most public school employees, social workers, health practitioners (including doctors), child care workers, child protective agency workers, child visitation monitors, police officers, fire fighters, animal control officers, and humane society officers. Attorneys and people working with attorneys are not mandated reporters.

What if I don't want the person I had sex with to be prosecuted?

You don't decide whether the person you had sex with will be prosecuted under the unlawful sexual intercourse laws. Once someone has reported to the police, the police investigate and then give that information to the District Attorney's office. The DA's office decides whether or not to prosecute the person with whom you had sex. If they prosecute, the case is like all other criminal cases: the county and the person you had sex with are the parties and you are only a witness. The police and the DA's office will ask you for information and you must cooperate, but they do not have to check with you before making decisions about the case.

Is there any defense to this crime?

Yes. A person charged with unlawful sexual intercourse can assert the defense that he or she mistakenly believed that he or she was having sex with someone aged eighteen or older. The person being prosecuted must show that their belief was honest and reasonable and usually this is hard to prove. This defense rarely succeeds.

*DISCLAIMER: This fact sheet is intended to provide information to minors. It is not intended to be a guide for mandated reporters. This fact sheet is not intended to be and should not be considered legal advice. Mandated reporters who want more information should refer to "Child Abuse: Reporting Guidelines for Sexual Activity between and with Minors," distributed by the Santa Clara County Child Abuse Council and seek advice from their agency's attorneys.
Source: www.teenparents.org/

*    *    *



Contact Us | Disclaimer | Privacy Statement
Menstuff® Directory
Menstuff® is a registered trademark of Gordon Clay
©1996-2017, Gordon Clay