MovieChat Forums > Trust (2011) Discussion > If an 18 yr old has sex with a 17yr. old...

If an 18 yr old has sex with a 17yr. old....


Is that statutory rape?

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Yes, it is.

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Thanks.

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you're welcome.

statutory rape n. sexual intercourse with a female below the legal age of consent, but above the age of a child, even if the female gave her consent, did not resist and/or mutually participated. In all but three states the age of consent is 18, and the age above which the female is no longer a child varies although 14 is common. The theory of statutory rape is that the girl is incapable of giving consent, although marriage with a parent's consent is possible in many states at ages as low as 14. Intercourse with a female child (below 14 or whatever the state law provides) is rape, which is a felony. Increasingly statutory rape is not charged when there is clear consent by the female, particularly when the girl will not cooperate in a prosecution. Controversy continues over what constitutes "resistance" or "consent," particularly when some men insist a woman who said "no" really meant "yes."

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Some states have "romeo & juliet" laws that excuse statutory rape when the "adult" is 18 and the "child" is 17.

Other states have prosecuted 18-year-old offenders with 17-year-old victims who are now registered sex offenders for life

It's a giant fuzzy area; we're a funny nation when it comes to sex. Still, better safe than sorry, I guess.

(Gotta admit, as a new father of twin girls, I've already changed my view on this topic - parenthood leads to hypocrisy, I guess)

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Some states have "romeo & juliet" laws that excuse statutory rape when the "adult" is 18 and the "child" is 17
Great point - I'm going to copy/paste the law in my state:
Individuals under 14 years of age cannot consent to sexual activities, with the following exception:

If the victim is at least 12 years of age and less than 14 years of age and the defendant is no more than 3 years older than the victim
If the victim is less than 12 years of age and the defendant is no more than 3 years older than the victim
In addition, children less than 16 years of age cannot consent to sexual activity if the defendant is at least 20 years of age


http://aspe.hhs.gov/hsp/08/sr/statelaws/statelaws.shtml#Arkansas

(If you scroll up and/or down, other state laws regarding stat rape is listed.)




Some hurt, some love, some shout. I fought the world and I lost that bout. ~ Blue October

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Wrong most states the legal age of consent is 16

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Not necessarily. It depends on the age of consent. It varies from state to state.

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You don't know what you are talking about. http://en.wikipedia.org/wiki/Ages_of_consent_in_North_America

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Well, where i live and a lot of other places that's 100% legal. In the UK the age of consent is 16, which is a lot more reasonable than 18 really. Personally, a year difference? it shouldn't be. it'd be different like 5+ years older (but still love someone) which shouldn't be called rape but something that doesn't have the ability to ruin someone's life just for having 100% consensual sex. Personally, i think consent ages should be lowered as most girls/boys i know lost their virginity at around 14/15 and knew 100% what they were doing.

Well, Clarice, have the lambs stopped screaming? - Hannibal Lecter.

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In most states, it would not be considered statutory rape. Many (if not all, but not sure on that) states have an age of consent, but give exclusions regarding a 2 to 3 year age difference. I posted in another post on this thread a website which gives the details in every state regarding statutory rape laws.


Some hurt, some love, some shout. I fought the world and I lost that bout. ~ Blue October

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There's nothing wrong with an age of consent of 18, but they should expand the "Romeo and Juliet" thing a little. How about, say, 25. I went out with a 16-year-old when I was 23 (even met her parents and everything). It was no big deal. If I did that NOW though, I would definitely have myself thrown in jail.

I also read in "The Economist" a story of a twenty-something WOMAN who is a registered sex offender because at 18, she had sex with her 16-year-old boyfriend when she was 18 or 19. That's just plain stupid.

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romeo and juliet laws only protect the older individual from being charged with rape they still are charged with unlawful sex with a minor

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I absolutely do not think it's statutory rape. First of all, you should understand the gist behind protecting minors. Let's set this to a high school setting. Usually only in the event that one side is in a position of power, such as teaching assistant(18) and a high school student(17), then this may be seen as a statutory rape.
However, if both are high school students and in a stable relationship, then it is hardly questionable.
I believe that even if both sides are under the age of consent, as long as there's not a great difference in age and both are committed to each other then it should hardly be a problem.

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No, it is not; not in any state or country. Generally the rule is three years age difference is acceptable. But in most states, the age of consent is 16 or 17. http://en.wikipedia.org/wiki/Ages_of_consent_in_North_America

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I doubt if it's illegal in America, I am not sure if people know the law. It's not make sense, in my country there's a 3 years gap.

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