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Until recently, statutory rape laws applied only to females, ignoring situations involving sex between an adult female and underage male.Today, most laws are gender neutral, and a number of women in authority positions (such as Mary Kay Letourneau, Debra Lafave, Pamela Rogers Turner, and Pamela Smart) have been prosecuted for engaging in sexual relationships with younger males. While many states have strict statutory rape laws on the books, prosecutors have been inconsistent in enforcing them, says Mark Chaffin, a researcher with the National Center on the Sexual Behavior of Youth.The statutory rape laws vary greatly from state to state, with more than half of the states setting the legal age of consent at 16 (other states range from 14 to 18).For the most part, there is no single age at which a person can consent to sexual activity.Depending on the state, Romeo and Juliet laws may reduce the severity of the offense from a felony to a misdemeanor, reduce the penalty to a fine, probation, or community service, and/or eliminate the requirement that the convicted adult register as a sex offender.
All states have special provisions if any physical force was used or serious physical injury resulted.
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Although there is no public talk of prosecution, and much of the case would depend on where and when the sexual activity took place, onlookers have questioned whether Spears’ boyfriend could be charged with statutory rape, even though the two were in a long-term, consensual relationship.
Parents, particularly those with teenage daughters, certainly have cause for concern.
But if these teens are having sex, and you live in a state where prosecutors aggressively enforce the law, it’s possible that your son could be charged with statutory rape.