Before I begin, I will make this disclaimer. This article is in no way advocating sex with minors, nor is it in any way advocating the change of law. This article stems from an episode of CSI: Miami where the age of consent was brought up.
There is a question that is asked by many people. And that question is “what is statutory rape?” Well, the answer to that question depends on many different things, including the laws in your local. Even in the US, the laws change on a state per state basis.
The general definition, according to the FBI, is that statutory rape is the non-forceful intercourse with someone that is under the age of consent.
Now, that’s a strange term, age of consent. What does that mean, really? The age of consent is the age that the government believes that the average person is old enough to be able to consent to sex. In some places, that’s as low as 9 in some countries, to the age of 20. There are even some countries that state that the people involved must be married at the time that intercourse happens.Not only is there the difference in the age people can be, but also sometimes the age of the “adult” is in consideration. Florida Stature 794.05 says that it is legal for someone who is sixteen or seventeen to consent to sex with an adult who is under the age of 24. Once the person becomes 24, however, no matter if the two were having a sexual relationship before that day, it becomes illegal.
Also, one must keep in mind, that some places say that if someone is over 18, or the age of majority (the age that one becomes a legal adult) of the country, that having intercourse with someone under the age of 18/majority is rape.
In some cases, there’s the “well, I was told she was 18” cry. Even then, laws are different. Some states (again, Florida) say that even if the minor has a fake ID, it is still statutory rape. Keep in mind, this is the law, and not perhaps the way a jury/judge will rule.
So, what should someone do to keep legal? Well, check your local laws. Most states and countries have websites that list the laws in the area, and keep to them.
If someone appears underage, assume they are without some way to verify. Yes, fake ID’s are out there, but at least you were able to check.
If you’re well over the age of majority, only date those that are also over the age of majority. This may not be popular with some people, but it’s just safer. If you’re not seeing someone underage, than you don’t have to worry about the laws.
Keep in mind that the minor does not have to cry rape. In most places, the parent/guardian of the minor can file rape charges. Some local laws may even state that the government can file the charges over the objections of the minor, and the minors parents. Keep that in mind even if the parents are ok with the relationship. Also, keep in mind that just because they may be fine with it at first, they may have second thoughts, and still file charges.There is an exception to this rule in many places. And that is marriage. However, do not assume that you can marry someone. Marriage laws generally follow the age of consent laws.