STATUTORY RAPE
A person may be charged with s tatutory
rapewhen he/she has
engaged in a sexual
act with a minor under the legal age
of 18. In most cases, the parent of
the minor child will report the incident
to the police and a report will be
filed with the District Attorney’s
office. The District Attorney’s office
then decides whether or not to file
charges against the accused adult.
Frequently, a circumstance arises where
a minor female becomes impregnated
and after she tells her parents, they
tell the police.
In cases of statutory rape, it does
not matter if the minor consented to
the sexual act or not. The law says
that a minor does not have the ability
to give consent. Thus, they cannot
legally consent to having sex. Consent
to sex can never be given by minors,
mentally disabled persons, and physically
incapacitated persons (intoxicated,
asleep, unconscious, ill, or drugged),
as a matter of law. This comes into
play in cases of statutory rape or
in cases of date rape where drugs such
as rohypnol ("ruphies") or
alcohol are used. Voluntary intoxication
by the victim is not a defense to crimes
such as sexual assault. Voluntary intoxication
by the perpetrator is also not a defense.
What if the
victim in a statutory rape case lied
about their age, and you honestly
did not know they were under the
age of 18?
Statutory rape is what’s known as
a “strict liability” offense. The law
does not care what you knew or didn’t
know, believed or did not believe.
A person can be found guilty of the
crime even if they honestly thought
the other person was 18 years of age
or older. They can also be found guilty
of the crime even if the victim consented
and gave false information regarding
their age.
If you, a friend, or a family member
believes they will be, or has been
charged with statutory rape, contact
the experienced and knowledgeable lawyers
at WILL & WILL, LLP. You need a
skilled attorney on your side to help
preserve your criminal record. We have
handled all types of sex crimes cases,
including many statutory rape cases.
We can help you. Call us or fill out
the online contact form for a free
consultation.
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