Question regarding statutory rape in the USA?

The statutory rape laws vary from state to state. There is no federal law about it. The age in some state is 16, some is 17, and the rest 18. So just because she is under 18, it does not always mean it's statutory rape. It could be legal in some states, even if you are in your 30's or 40's, to have sex with a 16 year old.

As for the other charges, those are just that - different charges. It's is not a defense to "not know" she was underage. Being an adult, it is YOUR responsibility to make sure she is old enough to legally have sex with you. If you cannot do that, they you should not be having sex with her. It's not that difficult to comprehend.

*EDIT* - What you are not understanding is that there is no legal obligation or entitlement for you to have sex with a woman you just met. It is NOT a defense to claim she was somewhere that is age restrictive, and she is under that age. That is a completely separate matter between the state and the establishment you met her at, not between you and the state.

He most certainly could be and would be prosecuted. The law contended the youth is to be protected and the onus is on the adult to ensure the person they are sleeping with is of age.

Now, there have been incidents where the adult was able to prove in court that the youth had forged ID such as a drivers license and that they took all reasonable steps to ensure the person they were bedding was of age. Those cases are VERY few and far between however.

In most states there is no defense for statutory rape. It doesn't matter if she lied, or looked 18, or had a fake ID, etc... The ONLY thing that matters is you were over the age of consent, she was under the age of consent, and you had sex.

In some states (New Mexico for example), there is an affirmative defense available if the minor lied about their age.

"Statutory" is considered "statutory" because it applies to states, not on the federal level... 21 is NOT the drinking age in the US, 18 is also common - age of consent is normally 18, but 16 is not uncommon...

And generally no, children are rarely ever penalized for wrongdoings when adults are concerned.

Well, at bars you need to be 21 years old in the USA and I am not sure but it would seem that she would be penalized

You are mixing apples and oranges. The bar is one issue (serving minors). Rape is another issue.

If it can be proven in court that she was raped and taken advantage of, that person is in big trouble. It doesn't matter if she should have been in that bar or not or was served alcohol.

That happens a lot. If the girl misrepresented herself and it was not obvious that she was under age then he most likely is in the clear. I wouldn't bet 10 years on it though..... Ultimately it could go the other way

even sex with perrmission is rape if the child is a minor

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