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.
The most researched type of statutory rape involves an adolescent female and adult male. Overall, a small minority of adolescent females are sexually involved with older men. However, younger girls (13 or 14) are more likely to have an adult male sexual partner than older girls. Also, girls who have first intercourse at a younger age (13 or 14) are more likely to have adult males as sexual partners.
Risky Behaviors
A number of potential risky or negative behaviors are associated with statutory rape. First, unmarried teenagers whose partner is 6 or more years older have a higher pregnancy rate than those whose partner is within 2 years of age. Second, other studies show that adolescent girls who have older partners do not consistently use a condom and are more likely to contract sexually transmitted diseases compared to adolescent girls with similar aged partners. Third, adolescent girls who have older partners have more family disadvantages, such as low socioeconomic status, parents with low educational levels, and worse psychological adjustment, such as drug and alcohol use and low self-esteem as compared to adolescent girls with similar aged sexual partners.
Prosecution of Statutory Rape
Historically, there has not been a strong criminal justice response to statutory rape. Within the past decade, however, this response has changed somewhat and there is an increased interest in prosecuting these types of cases. This interest mostly has stemmed from concern that older adult men account for a large percentage of teenage pregnancy. Although this new interest is not widespread, this concern coupled with (a) increased awareness of adults, such as teachers and coaches, being sexually involved with minors and (b) youths meeting older adults on the Internet have also increased the interest in prosecuting statutory rape. Statutory rape cases are often perceived as difficult to prosecute because sometimes the minor has instigated and actively pursued the sexual activity. However, more research on prosecution is needed.
Future Directions
Limited research has examined the extent to which statutory rape occurs, why adolescents engage in sexual relations with adults, and why adults engage in illegal sexual relations with adolescents. In addition, more research is needed that explores what would prevent these types of relationships from occurring and that explores what is the most appropriate societal response to statutory rape.
Bibliography:
- Darroch, J. E., Landry, D. J., & Oslak, S. (1999). Age differences between sexual partners in the United States. Family Planning Perspectives, 31(4), 160–167.
- Elstein, S. G., & Davis, N. (1997, October). Sexual relationships between adult males and young teen girls: Exploring the legal and social responses. Washington, DC: American Bar Association, Center on Children and the Law. Retrieved from http://www.abanet.org/child/statutory rape.pdf
- Graupner, H. (2000). Sexual consent: The criminal law in Europe and oversea. Archives of Sexual Behavior, 29(5), 415–461.
- Manlove, J., Moore, K., Liechty, J., Ikramullah, E., & Cottingham, S. (2005, September). Sex between young teens and older individuals: A demographic portrait (Publication No. 2005-07). Washington, DC: Child Trends.
- Mitchell, C. W., & Rogers, R. E. (2003). Rape, statutory rape, and child abuse: Legal distinctions and counselor duties. Professional School Counseling, 6(5), 332–339.
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