Rape, Statutory

Statutory Rape Laws

Statutory rape was first considered a crime because of concerns about the ability of a minor to make decisions about sexual activity. Moreover, there is an assumed developmental power differential between a minor and an adult. The laws about statutory rape are complex and diverse. Most address the age at which a minor can agree to sex (consent), the acceptable age difference for sexual relations between a minor and adult, and to what extent the adult is in a position of authority (e.g., teacher, coach) over the child. Although laws first arose from concern about girls below specified ages having sexual intercourse, most laws now are gender neutral.

The United States has defined a higher age of consent than in most other countries for a minor to have sex with an adult. In most states, a 16-year-old can legally give consent for sex with an adult. Some states also specify that to qualify as statutory rape, in addition to the victim being under the age of consent, there needs to be an age difference of at least 2 to 5 years between the youth and adult. Generally when a youth is 12 years old and younger, the sexual activity is considered child abuse. In contrast, in half of the jurisdictions in Europe, a 14-year-old can legally give consent for sex with adults.

Cultural Norms

Different cultural norms further complicate society's perception of and response to statutory rape. In some cultures, it is completely acceptable for young girls to have sexual relations with older adult men. When adults are interested in sexual relations with minors, they may give gifts and money to youth and their families, and this is perceived as acceptable and a sign of attention or love. In contrast, in other cultural circles, this same behavior is often described as “grooming the victim,” or seducing a minor by forming a bond with her or him and then introducing a sexual component to the relationship. Furthermore, some minors may not view themselves as victims, often saying that they are in love with the adult and therefore do not think a crime has been committed.

Risky Behaviors

A number of potential risky or negative behaviors are associated with statutory rape. First, unmarried teenagers whose partners are 6 or more years older have higher pregnancy rates than those whose partners are within 2 years of age. Second, other studies show that adolescent girls who have older partners do not consistently require the use of condoms and are more likely than adolescent girls with similar-aged partners to contract sexually transmitted diseases. Third, adolescent girls who have older partners have more family disadvantages, such as low socioeconomic status; parents with low educational levels; and more symptoms of poor psychological adjustment, such as drug and alcohol use and low self-esteem. There is less research on the characteristics of adults, typically men, who become sexually involved with adolescents. Some research indicates that these adults may have feelings of inadequacy and may be developmentally similar to younger boys.

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