There are many types of criminal charges in the world. They relate to crimes and infringements of another person's rights, which could potentially lead to physical and emotional harm of the affected party. Rape falls among criminal charges. It refers to the forceful engagement in sexual activity with another person without his or her consent. More specifically, statutory rape refers to engaging in sexual activity with a person who does not have the capacity to consent or determine their position when it comes to sexual relations. The following discussion sheds more light on statutory rape to clear any misunderstanding on the subject:

Age of Consent

When it comes to sex and sexual relations, the law does not define an age of consent literally. Instead, the age of consent points to a functional or mental age where a person's mind is aware of what they are doing and the consequences that can result from their actions. For this reason, a person's chronological age does not matter when it comes to the age of consent. Mental ability to make informed sexual decisions is what matters in law.

Depending on the demographic characteristics of the population in a particular country, the chronological age of consent can vary. Countries use 18, 17 or 16 years among other figures. However, mentally challenged people have no chronological age of consent because they can never be in a position to make an informed decision regarding sex.  

Statutory Versus Forcible Rape

It is important to understand the difference between statutory and forcible rape. In some cases, the facts of the matter at hand may be similar, but statutory rape will always differ from forcible rape because of the age of consent. This is because minors and mentally challenged people can be manipulated or deceived to engage in sexual relations without necessarily using force. However, the element of force in a case of statutory rape often increases the severity of the sentence. Forcible rape, on the other hand, is a case where the defendant forcefully has sexual relations with a person of consenting age against his or her will.

Acceptable Age Difference

In some states and local jurisdictions, it is common to find the law providing an acceptable age difference when it comes to the chronological age of consent. For instance, the age of consent may be 17 years, but the law allows a two-year age difference on this figure. This may only reduce the severity of the sentence as most courts do not prefer letting the perpetrator go scot-free.

If you have questions relating to rape or sexual assault, contact criminal lawyers in your area.