There is also so much discretion in which cases the prosecutors chooses to prosecute that many cases go uncharged while others of equal criminal degree are charged. This discretion is also sometimes used by the Courts in lessening the charges for some while not others.Statutory rape is a serious crime that needs to be controlled.
California: Age of Consent: 18 Age Gap Provision: No* Unlawful Sexual Intercourse: Any person who engages in sexual intercourse with a minor under the age of 18 who is not three years younger or three years older than the perpetrator. An adult who engages in unlawful sexual intercourse with a minor who is less than 2 years younger than the adult will be charged with a civil penalty, not to exceed 00.00.
Colorado: Age of Consent: 17 Age Gap Provision: Yes* Sexual Assault: Class 4 Felony Sexual Assault is committed if at the time of the act the victim was less than 15 years of age and the actor was at least four years older than the victim (and the victim was not the actor’s spouse).
Sexual conduct with a minor who is under the age of 15 is a class 2 felony.
Sexual conduct with a minor who is at least 15 years of age is a class 6 felony (unless the offender is a parent, stepparent, adoptive parent, legal guardian or foster parent. It can be used in the defense of the offender if the victim was at least 15 years of age, that the offender did not know or could reasonably know the victims age.
One reason reform is needed is because the laws are applied in a discriminatory manner based in part on "who you are". Alabama: Age of Consent: 16 Age Gap Provision: Yes* Rape in the first degree: Class A Felony If he or she is 16 or older and engages in sexual intercourse with a member of the opposite sex who is less than 12 years old.
Rape in the second degree: Class B Felony If he are she is 16 years or older and engages in sexual intercourse with a member of the opposite sex who is less than 16 but older than 12 years old if the actor is at least two years older than the member of the opposite sex.
Just where to draw the line when the sex is between two minors is hard to determine.
Many States have age gap provisions that can be used as a defense or Romeo and Juliet laws but reform is still needed.
Teenage couples before either participant has reached the age of consent, or after one has but the other has not, may engage in consensual sexual conduct as part of an intimate relationship.
In such cases, the older of the two participants is technically guilty of rape as any consent between partners, even if freely given, does not meet the standard of law as it is given by a minor.
Many of the minors who are convicted of having sex with another minor or both end up on sexual offender lists.