Statutory rape is an offense which occurs when an individual who is over the age of consent engages in sexual conduct with another individual who is under the statutory age of consent (also referred to as a minor). In the majority of states, the age of consent is arbitrarily designated by statutes.
The age of consent, however, varies widely from state to state. Statutory rape, for example, is a strict liability crime which means that the consent of the younger party or a mistake about their age is not a defense to statutory rape.
What is the Age of Consent?
The federal laws of the United States make it a crime for an individual to engage in sexual conduct with another individual who is between the ages of 12 and 16 if that individual is at least 4 years younger than they are. Each state in the United States has a different age of consent.
The ages of consent according to state laws range from 10 years of age to 18 years of age. In certain states, such as California and New York, an age has been set at which all sexual intercourse is considered to be statutory rape.
For example, a state may set its age of consent at 18 years of age. In this hypothetical situation, if two 17 year olds engaged in consensual sex, in theory, they could both be convicted of statutory rape.
There are other states which apply a different method, which, similar to federal statutes, accounts for the relative ages of both individuals who are involved. In these types of states, for example, Texas, the age of consent is determined using the age difference between the two individuals involved and limited by a minimum age.
For example, one state may set the minimum age of 14 but allow consent between individuals who are within a 3 year age range of one another. In this example, a 16 year old and a 14 year old could lawfully engage in sexual conduct but an 18 year old and a 14 year old could not.
The following examples show some of the statutory ages of consent by state:
- California – In California, the age of consent is 18. It is illegal for any individual to engage in sexual intercourse with a minor, or an individual who is under the age of 18, unless they are that individual’s spouse. There is a tiered system in California which provides that the greater the difference in the individual’s ages, the greater the penalty;
- if the individual who is engaging in sexual conduct with a minor is less than 3 years older or younger than the minor, they are guilty of a misdemeanor;
- if the individual is more than 3 years older than the minor, they are guilty of a felony. Individuals who are over the age of 21 who engage in sex with an individual under the age of 16 are subjected to harsher penalties;
- Florida – In Florida, the age of consent is 18. It is illegal for an individual over 24 years of age to have sexual relations with anyone under the age of 18, unless they are married;
- Illinois – In Illinois, the age of consent is 17. For people 18 or over, it is illegal for them to commit acts of a sexual nature on persons who are under the age of 18 if they are in a position of authority or trust over the victim. This effectively raises the age of consent for older individuals who are in positions of authority or trust to 18 years of age;
- New York – The age of consent is 17. It is illegal for anyone to have sex with someone under the age of 17; and
- Texas – The age of consent is 17. The minimum age is 14 and there is an age differential of 3 years. Therefore, individuals who are at least 14 years of age can legally engage in sexual conduct with individuals who are less than 3 years older.
Are there Age of Consent Differences Between Males and Females?
Yes, in numerous states, there are differences in the age of consent for males and females. In certain states, there is an exception to the age of consent law if both of the individuals are close in age, typically with a two to three year age difference.
In the majority of these states, the punishment is harsher if one of the individuals is significantly older than the other individual. It is important to note that if both of the individuals are above the age of consent, any age difference between the two is not relevant.
In addition, certain states distinguish between sexual conduct inolving a male and a female and sexual conduct involving two males or two females. In many states, until recent years, any type of homosexual conduct was illegal, regardless of the individuals’ ages.
In other states, the age of consent for homosexual conduct is higher but the conduct itself is not altogether illegal.
What is the Age of Consent for Homosexual Conduct?
In recent years, the United States Supreme Court has held that laws prohibiting private, consensual sexual conduct, which includes homosexual conduct, between adults are unconstitutional and cannot be enforced by a state. Some states, however, still have these types of laws on the books.
Because of this, it may be unclear in these states exactly what the age of consent is for homosexual acts. It is likely that a state court in one of these states, assuming that it is not attempting to enforce a law which is unconstitutional, would default to the age of consent in that state for sexual intercourse. This, however, is not a certainty.
What is the Age of Consent for Sex in Nevada?
As noted above, the age of consent is the minimum age that an individual can legally consent to having sexual relations with another individual. These laws generally pertain to minors and causes of action for statutory rape.
The age of consent for heterosexual conduct in Nevada is 16 years of age. The age of consent in Nevada for homosexual conduct is 18 years of age.
This makes Nevada one of the few states which has explicitly permitted homosexual conduct by creating a specific age of consent for the conduct.
What About Partners Close in Age?
Nevada, similar to most other states, makes allowances for situations in which one or more of the individuals involved are below the age of consent but the individuals are very close in age. Prosecution is typically limited to situations in which the offender is over the age of 18.
Therefore, as long as both partners are under the age of 18 and are reasonably close in age, it is unlikely that a prosecution will result in Nevada.
Should I Consult an Attorney?
If you have been a victim of a rape of have been accused of committing a rape or statutory rape, it is important to consult with a Nevada criminal lawyer. Your lawyer can explain the process of filing and complaint and guide you through the legal system during prosecution.
If you are a defendant, your lawyer can assist you by advising you of Nevada laws, what defenses may be available in your case, and represent you in court. In some cases, your lawyer may be able to negotiate a lesser charge or a lighter sentence in your case.
