The Truth About Statutory Rape
Rumors can be a dangerous thing, they can ruin relationships and as it turns out, they can even destroy lives! As it stands, there are a lot of myths around about statutory rape, especially among young people. The worst part is that these myths are often busted at the expense of a teenager or twenty-something at the worst possible time, often destroying efforts when it comes to building a future. Let's debunk these myths before you find yourself in court and with the daunting label of sex-offender.
One of the most relevant points to clear up is that not only does the age of consent vary from place to place, it can also vary between genders. For example, in the state of California the age of consent is 18 for both males and females, but in Hong Kong, China the age of consent for males is 18 and for females it is 16. In the same vein, it is also important to note than in many places the age of consent for homosexual sex is different than it is for heterosexual sex. However, in no developed nation is the age of consent below 13 anywhere for any type of sex. Knowing the age of consent where you live is truly invaluable information.
That being said, like the ages of consent, punishments for statutory rape vary from state to state, and due to factors such as how angry the person is who filed the charges, the opinion of the judge (or jury if applicable), the age of the victim, and the age gap between the victim and the perpetrator. Naturally, a 48-year-old that has sex with a 12-year-old will face greater punishment than a 20-year-old that has sex with a 17-year-old in California.
In addition, statutory rape laws generally do not say that one person must be an adult and one must be a minor. A minor can be charged with statutory rape for having sex with another minor. This is rare, but it has happened, especially in cases where one minor has been older, drastically more mature, or significantly more aggressive than the other. Even more rare, but still possible, both parties could even be charged, as they each would have committed statutory rape against each other.
This leads to one myth that is slowly being debunked: yes, women can commit statutory rape. Though its true that women get charged for it far less often and cases of women raping men are reported substantially less frequently as a ratio of the whole than men raping women. But the point still stands, if you are a woman and you get going with a guy and he says no, no means no regardless of the sex of the person the mouth is attached to.
It is also a federal crime to take someone across state lines for the purpose of sex. So if you are 17 in California, where the age of consent is 18, dating a 22-year-old and you decide to take a weekend trip to Nevada, where the age of consent is 16, to have extravagant sex, you can be punished federally and spend several years in jail. It is also worth noting that cases pursued federally tend to prosecute with a heavier hand.
The typical punishment for statutory rape is to serve jail time. While states list penalties as being anywhere from four to thirty years, a good lawyer can generally bargain down from the initial offer made by the courts. Of course, the younger you are the less likely you are to have a good lawyer (unless you have wealthy parents!). But after reviewing cases in several states, it is evident that penalties are lighter when the parties involved are closer in age. So if you are 19 and having sex with a 17-year-old, you are much better off than a 45-year-old having sex with a 13-year-old. Though either way, you should expect to spend a few years in jail.
In addition to jail time, state mandated counseling is also likely in your future. The desire to have sex with minors is not considered healthy (unless you are within about four years of each other), it is perceived as more and more unhealthy the older you get. As a result of this, states want you to get psychiatric treatment to lessen the risk you will act again and to reassure your neighbors when you are let out of jail. Unlike jail, however, you may find yourself going to your counselor’s appointment until the day you die. All those hours do add up.
Finally, you will have the illustrious title of sex offender until the day you die, and even then, they might not stamp it on your tombstone, but people will still probably remember and talk about it behind your back. The stigma that will be attached to you for your choice will negatively impact your ability to find work, find places to live, further your education, go to public events, and pretty much do anything that involves filling out forms.
How do you avoid all of these problems? Make sure you know how old your partners are! You should not have to card them, but do what you must to keep yourself out of jail so soon in life. If you have any questions about statutory rape laws in your state http://www.sexlaws.org offers good resources, a forum to ask questions and get answers, and it lists the age of consent in each state, so even when your romantic interest is begging you for a little bit of loving, you know when to say no.