Most rape statutes specify that a rape occurs when the complainant is under a certain age and the perpetrator is over a certain age. Furthermore, a defendant may not argue that he was mistaken as to the minor's age or incapacity. The actor's age is an important factor in statutory rape where the offense is based on the victim's age. By contrast, other rape generally occurs when a person overcomes another person by force and without the person's consent. A defendant may be convicted of statutory rape even if the complainant explicitly consented to the sexual contact and no force was used by the actor. Statutory rape is different from other types of rape in that force and lack of consent are not necessary for conviction. Most legislatures include statutory rape provisions in statutes that punish a number of different types of sexual assault. These persons are considered deserving of special protection because they are especially vulnerable due to their youth or condition. Minors and physically and mentally incapacitated persons are deemed incapable of consenting to sex under rape statutes in all states. ![]() The criminal offense of statutory rape is committed when an adult sexually penetrates a person who, under the law, is incapable of consenting to sex. Sexual intercourse by an adult with a person below a statutorily designated age. ?Note: This page may contain content that is offensive or inappropriate for some readers.
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