Is it statutory rape if we are both 16????

Question

if so who is at wrong if were both the same age n consenual

Answer 1

It depends completely on the state you're in. In some, 16 is the age of consent, so it wouldn't matter at all. In some there are Romeo and Juliet laws that require the two to be a certain number of years apart in age for it to be rape. In others you could both be charged with rape.

Answer 2

No, I don't believe it is statutory rape if both were at the age of 16. However, neither of you is old enough to have consensual s*x. What you had is a reckless relationship that could have ended in a pregnancy or in a venereal disease that would have affected you for the rest of your life.  You need to talk to someone, obtain some s*x Education, and stop taking chances.

Answer 3

Just about every statutory rape law I've seen has required some kind of age difference between the parties.  For example, in some states the age of consent is 17, but its still not statutory rape for a 15 year old and a 17 year because they're only 2 years apart.  Because you both are 16, and I'm assuming under the age of consent, you're both probably okay legally.  Morally, I can't say.

Answer 4

No it's not.

They're called "Romeo and Juliet laws."

Basically it means that it's not statutory rape if the people are the same age.  In some states the kids are allowed to be a year older or younger.

If you're both the same age though, you should be safe.  If you really want to be sure, google around and try to find "Romeo and Juliet" laws for your state.

Answer 5

Depends on State law, and you didn't tell us where you are.

In "most" States s*x between two 16 year olds is not illegal.

In many US States the age of consent is 16, and in 'most' of those where it is 17 or 18 there are "close in age" exemptions if the two people are less than a set number of years apart in age.

Richard

Answer 6

It depends how the law is written in your state.  In some places, it is illegal to have ANY sexual relations with a minor, regardless of consent.  Sometimes the law is written so if both partners are within a few years of each other it is not illegal.  Usually they won't prosecute if both partners are minors.

But it does remind of the story of the teenager in Georgia who was sentenced 10 years in prison for having s*x.  They actually let him out after serving 2-years because of the negative public reaction.

Answer 7

16s year Olds  should not have s*x but itstandardrd rape  

Answer 8

It depends on the state you live in.  Most states have an age of consent at 16 with some states restricting the age of the other party not being over a certain age (like Florida for instance that says the other party can't be over 24 yrs).  If the age of consent is over 16 where you live, then legally speaking, you are unable to give consent, even if in reality you were a willing participant in the s*x act.  The law presumes a person is not mature enough to make a rational and informed decision about s*x until they reach that magic age.

To respectfully disagree with the "lawyer" up there, the legal definition of rape and its various titles and penalties varies from state to state.  Some states do require actual penetration.  Other states, such as Kentucky, require penetration or "the union with" the s*x organs, which means simply touching the s*x organs.  Even states differ on what qualify as s*x organs.  Also, rape only takes place if it is genital to genital contact such as p***s to v****a/p***s to a**s/v****a to v****a contact.  Inserting fingers, oral s*x, or rubbing the s*x organs usually doesn't qualify as "rape," but it is covered under other legal statutes such as molestation, indecent liberties, or any variety of other legal terms.  Other states vary on the severity of the crime based on the age of the parties.  Obviously, forced rape of a child under 12 is much more serious than an 18 year old having agreed-upon s*x with a 16 year old.  

To get the correct answer to your question, you have to check your state laws.

Also, to add an additional point, for those who believe that two underage kids can have s*x and not break the law, you are mistaken.  In Florida, where I was a cop for several years, I saw kids under the age of 16 both get charged with committing sexual battery against each other.  I don't claim that it makes much sense, but it is a reality that people don't understand.

Answer 9

From a lawyer.  Statutory rape doesn't require a guilty mind or mens rea.  If someone has s*x with a minor they are guilty.  He would be convicted of a juvenile felony.  If a 16 year old murders someone they are either convicted of a juvenile felony or possibly as an adult.  Your opinion of how the law should be won't change the law or the consequences.  Rape involves penetration.  I supposed if you bought the right equipment you could rape him.  Never thought of it before but it might work.  Talk to a lawyer locally and see what he things.

Answer 10

It's not any kind of rape if both parties consent and are able to consent without the use of mind/mood altering drugs or alcohol. And you are both age of consent (those laws vary by state etc).

Answer 11

They could be guilty of violation of other laws aside from rape, also, the mental conditions of the two could be taken into account.  

Answer 12

technically no. but different states have different age of consents or are based around an age which pretty much determines the age of consent. most states the age of consent is 16 and have a 36 month rule or a 48 month rule meaning you cant have s*x with anyone that is that many months older than you but once you turn 18 its pretty much safe to have s*x with anyone aslong as its ok with your states law