Damico & Stockstill, Attorneys at Law

When consensual sex can still be considered rape

In most cases of sexual assault and rape, the concept of the crime is pretty straightforward. If at any point one of the parties refuses or expresses a desire not to engage in any sexual acts, then the sexual act becomes rape. As long as sex is consensual and both parties are willing to have sexual relations with one another, then it is not rape. You would not think that there would be shades of gray to the spectrum of rape, but there is.

It may surprise you to learn that it is possible for both parties to be completely willing and consenting to have sex, but one party could still be accused and convicted of rape. This crime is known as statutory rape, which is a term you may have heard before. Statutory rape refers to any sexual acts performed with individuals who are not of legal age to consent to sexual acts.

Essentially, people below a certain age are not legally allowed to consent to having sex, which means that having sexual relations with those people is considered rape in the eyes of the law, even if the underage person consented. There does not have to be any force or coercion for this act to be considered illegal. In fact, it can be no different from normal consensual sex except that one party is too young, and you can be found guilty of statutory rape.

In order to avoid a statutory rape accusation, it is recommended that individuals make themselves aware of the age of consent in their state. Unlike most states, the age of consent is 17 years in Louisiana. If you find yourself accused of statutory rape or any sex crime, it is highly recommended you consult with an attorney to start building a case for your defense. The legal penalties for a conviction can be steep.

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Damico & Stockstill, Attorneys at Law

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