Adult dating a minor
In some jurisdictions, relationships between adults and minors are penalized more when both are the same sex.For example, in Kansas, if someone 18 or older has sex with a minor no more than four years younger, a Romeo and Juliet law limits the penalty substantially.The term statutory rape generally refers to sex between an adult and a sexually mature minor past the age of puberty.Other jurisdictions, such as Kentucky, eliminate the legal concept of "mental age" and treat sexting with a mentally incapacitated person as a specific crime. teenagers have had sexual intercourse by the age of sixteen.In some jurisdictions (such as California and Michigan), if two minors have sex with each other, they are both guilty of engaging in unlawful sex with the other person.The act itself is prima facie evidence of guilt when one participant is incapable of legally consenting.Under such terms, if the adult is, for instance, less than three years older than the minor, no crime has been committed or the penalty is far less severe. Statutory rape laws are based on the premise that an individual is legally incapable of consenting to sexual intercourse until that person reaches a certain age.
Resulting in higher statutory rape convictions, larger fines, and sex offender registration for teens in the LGBTQ community.
Although it usually refers to adults engaging in sexual contact with minors under the age of consent, it is a generic term, and very few jurisdictions use the actual term statutory rape in the language of statutes. In statutory rape, overt force or threat is usually not present.
Statutory rape laws presume coercion, because a minor or mentally handicapped adult is legally incapable of giving consent to the act.
Critics argue that an age limit cannot be used to determine the ability to consent to sex, since a young teenager might possess enough social sense to make informed and mature decisions about sex, while some adults might never develop the ability to make mature choices about sex, as even many mentally healthy individuals remain naive and easily manipulated throughout their lives.
Another rationale comes from the fact that minors are generally economically, socially, and legally unequal to adults.