Home > West's Encyclopedia of American Law > Statutory Rape

Sexual intercourse by an adult with a person below a statutorily designated age.

The criminal offense of statutory rape is committed when an adult sexually penetrates a person who, under the law, is incapable of consenting to sex. Minors and physically and mentally incapacitated persons are deemed incapable of consenting to sex under rape statutes in all states. These persons are considered deserving of special protection because they are especially vulnerable due to their youth or condition.

Most legislatures include statutory rape provisions in statutes that punish a number of different types of sexual assault. Statutory rape is different from other types of rape in that force and lack of consent are not necessary for conviction. A defendant may be convicted of statutory rape even if the complainant explicitly consented to the sexual contact and no force was used by the actor. By contrast, other rape generally occurs when...