Historically, a man could defend himself against statutory rape charges by proving that his victim was already sexually experienced prior to their encounter (and thus not subject to being corrupted by the defendant).Often, teenage couples engage in sexual conduct as part of an intimate relationship.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. The terms child sexual abuse or child molestation may also be used, but statutory rape generally refers to sex between an adult and a sexually mature minor past the age of puberty, and may be therefore be distinguished from child sexual abuse.
The majority of men who, as minors, had sex with women hold a positive reaction, with a third of them being neutral and less than 5% being negative toward it. Given this testimony, the California Court of Appeal held Nathaniel J. The court stated the boy was "not an innocent victim" of the sexual intercourse.
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.
They are, however, generally unavailable in any case where the older participant has an authoritative position over the younger regardless of relative age, such as a teacher/student, coach/player or guardian/ward relationship, or if any physical force was used or serious physical injury resulted.
This is normally accomplished by making acts involving these circumstances separate crimes to which the "Romeo and Juliet" defense does not apply. It provides an affirmative defense to a charge of sexual assault if all of the following apply: A similar affirmative defense exists in the Texas Penal Code for the related crime of "continuous sexual abuse of a young child or children".