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"
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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. |
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
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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/
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