However, the law considers that a minor is not legally capable of giving their consent to this act.In contrast to statutory rape, other rape charges occur when a person forces another person to have sex with them.There is no minimum age difference in Rhode Island, a person is simply guilty if they are over 18 years of age and the victim is 14 or 15 years of age.
An arrest and criminal prosecution is much more likely when there is any type of disparity in age.
An affirmative defense to any sex crime where the “victim” is under the age of consent is that the accused reasonably believed that the “victim” was of legal age.
Definition of "Statutory Rape" in Rhode Island The term "statutory rape" refers to sexual activities between an adult and someone below the age of consent (16 years old).
Although the term refers to adults having sex with minors below the age of consent, very few jurisdictions actually use the language statutory rape.
Statutory rape laws were created to protect America's youth who are especially vulnerable.
The original purpose of these laws was to protect young unwed females from adult males who might impregnate them and fail to provide support for their child.
In Rhode Island, statutory rape is called "." Different states use different terms for the crime such as corruption of a minor, rape of a child, unlawful carnal knowledge or simply carnal knowledge. Forcible Rape Statutory rape is different than forcible rape in that force or threat is not present.
In fact, statutory rape usually does include the element of consent.
The exact statute is as follows: §11-37-6 Third degree sexual assault – A man or woman is guilty of third degree sexual assault if they are over the age of eighteen (18) years and engage in sexual intercourse with another person over the age of fourteen (14) years and under the age of consent, sixteen (16) years of age.
The penalties for statutory rape (third degree sexual assault) in Rhode Island are up to 5 years in prison.
A position of authority can include a coach, teacher, church leader, or any other position where a claim can be made that the accused was an authority figure of the other.