All cases of statutory rape involve consenting sexual partners.What makes the act illegal is when one sex partner is legally not of age to consent to having sex with an older partner.
Mary Letourneau was a 35-year old schoolteacher who had consensual sex with her then 13-year old student. The Letourneau case took place in Florida, a state that recognizes female offender statutory rape.Letourneau was convicted which prompted legislators of many other states to amend statutory rape laws to include similar cases to that of Ms. Some states do not have statutory rape legislation that is applicable to homosexual sex acts between one who is over the age of consent and the other below the age of consent. Limon (2004) prompted many states to include homosexual sex in their existing statutory rape legislation.He was charged with sodomy and given a sentence of 17 years in prison.If his act were of a heterosexual nature, the Romeo and Juliet statutory rape provisions would apply for the same act.There are several federal statutes related to protecting minors from sexual predators, but laws regarding specific age requirements for sexual consent are left to individual states, territories, and the District of Columbia. Previously the Connecticut age gap was two years, not three. A guilty verdict would result in conviction of a Class A felony sex offense, with a mandatory minimum of 5–10 years and maximum 25 years imprisonment. Links to Statutes Cited (in numerical order) The age of consent in Delaware is 18, but it is legal for teenagers aged 16 and 17 to engage in sexual intercourse as long as the older partner is younger than 30. Definitions generally applicable to sexual offences. (j) A child who has not yet reached his or her sixteenth birthday is deemed unable to consent to a sexual act with a person more than 4 years older than said child.
Depending on the jurisdiction, legal age of consent ranges from 16 to 18 years old. A guilty verdict would result in conviction of a Class B felony sex offense, with a mandatory minimum of 9 months and maximum 20 years imprisonment. By 2007 there had been a proposal to increase the gap to four years to reduce the number of close-in-age statutory rape cases being prosecuted, but three years was selected as a compromise. Any juvenile offender 14 years old or older has the case automatically transferred to the regular criminal docket of the Superior Court by operation of law, and thus stands before the court to be tried as an adult. Because the charge is a sex offense, the juvenile prosecutor can request that the proceeding designated a "serious sexual offender prosecution". Children who have not yet reached their twelfth birthday are deemed unable to consent to a sexual act under any circumstances.The outcome of the Limon case involves the topic of judicial discrimination based on sexual orientation.Limon, then 18, performed consensual oral sex on his male fifteen 15-year old friend.There remain states, however, that still do not have such provisions, including Kansas. In the United States, age of consent laws regarding sexual activity are made at the state level. If the juvenile agrees to the waiver, the case will proceed through the juvenile system with a bench trial.Statutory rape, by definition, does not entail any use of force in the initiation of sexual intercourse.