Statutory rape is a form of strict liability that is solely based on the actual legal age of the victim, not what the defendant thought was the victim’s age
There are two classifications of rape. One is statutory rape which is solely based on the age of the victim, and common law rape, which is determined by the state of mind of the offender and the alleged victim.
Common Law Rape
The crime of rape requires the prosecutor to prove beyond a reasonable doubt that the sexual act upon the victim was non-consensual.
Statutory Rape
Statutory is a form of strict liability that does not, in almost all cases, require the victim to possess a specific state of mind – non-consent. Whether the offender knew or didn’t know the victim was below the statutory age of majority is irrelevant to proving the case against the offender.
All that needs to be proved is that the victim at the time of the sexual was under the statutory age of majority and that it was the subject offender who performed the sexual act. Whether the victim’s state of mind was consensual or whether the victim lied to the offender about their age is entirely irrelevant.
At present, most states use the statutory rape basis of criminal liability which is based solely on the actual age of the victim.
In most states, the legal age of majority is set at eighteen.
