What is Statutory Rape?

Statutory rape refers to having sex with someone below the “age of consent”. Laws vary among the states concerning statutory rape laws the “age of consent”. The crime is also referred to differently according to state.

Statutory rape differs from other types of rape or molestation. In the case of a rape, the act would not be a crime if all participants were willing and above the age of consent. However, statutory rape can involve underage participants who willingly engaged in the act. Those who are under the age of consent cannot legally consent to sex. Therefore, the act is considered a crime.

Age of Consent

The age of consent is the age at which someone can legally agree to be involved in sex. This age varies from state to state. Different states set the age of consent at 16 years old, while others set it at 17 or 18.

Factors Affecting the Charges and Penalties

The penalties concerning statutory rape depend upon the facts involved. Most typically, the two main factors which affect the level of offense for an act of statutory rape are

  • The age of the victim.
  • The age difference between victim and perpetrator.

Other factors that are taken into consideration are the number of prior sex offenses committed by the accused, involvement of drugs or alcohol and whether or not, the crime resulted in a pregnancy.

Penalties for statutory rape may be as follows:

  • Prison or jail sentences
  • Probation
  • Incarceration
  • Fines and mandated treatment services.

Contact Us in Times of Need:

If you are accused of statutory rape, call us right away for highly qualified and devoted legal representation. Law enforcement never rests and neither do we. Immediately after retaining Joel Silberman you will receive a 24/7 dedicated line to contact him. Call The Law Office of Joel Silberman, LLC today at 201-420-1913 or email

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