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Statutory rape is generally defined as nonforced, consensual sexual relations between an adult and an individual who is not old enough legally to consent to the behavior. Statutory rape differs from rape because it is mutually consenting and because of laws that define when an individual is capable of making sexual activity decisions. Although statutory rape has historically and universally been defined as a crime, laws vary tremendously about the definition and reporting requirements. Statutory rape raises important issues related to what is the optimal societal response for child welfare, mental health, and criminal justice professionals.

Laws about Statutory Rape

Statutory rape has been considered a crime since ancient Rome. It was first considered a crime because of concerns about the ability of a minor to make decisions about sexual activity. Mainly it is considered a crime because of an assumed developmental power differential between a minor and an adult who is not related to the minor. However, the laws about statutory rape are complex and diverse. They mostly have to do with the following: (a) at what age can a minor agree to sex (consent), (b) what is an acceptable age difference for sexual relations between a minor and adult, and (c) to what extent is the adult in a position of authority (i.e., 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 the age of consent for a minor to have sex with an adult higher than most of the rest of the world. In most states, a 16-year-old can legally give consent for sex with an adult. Some states also specify that in addition to being under the age of consent, an age difference of at least 2 to 5 years between the youth and adult needs to be present to be considered statutory rape. 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. Sometimes when adults are interested in sexual relations with minors, they give them and even their families gifts and money. This gift 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 the minor and then introducing a sexual component into the relationship. Another complication is that 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.

Reporting

Unlike child sexual abuse, which historically has a reporting requirement, statutory rape historically has no reporting requirement. Some jurisdictions are moving toward mandatory reporting laws, but reporting of statutory rape tends to be voluntary. Mandatory reporting can cause dilemmas for counselors, who may not believe it is the best way to help a minor by reporting it. Some counselors may not ask the minor's age to avoid mandatory reporting requirements. Voluntary reporting can also cause dilemmas because it is often not clear in which situations it would be best to report. Because of variation in laws on what constitutes statutory rape and variation in reporting requirements, it has generally been underreported.

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