However, this age of consent varies widely from state to state.Statutory rape is a strict liability crime, meaning that the consent of the younger person or mistake about their age is not a defense.But if these teens are having sex, and you live in a state where prosecutors aggressively enforce the law, it’s possible that your son could be charged with statutory rape.
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Statutory rape laws are premised on the assumption that minors are incapable of giving informed consent to sexual activities.
Their incapacity is written into the statute—hence the term, “statutory” rape.
Federal law makes it criminal to engage in a sexual act with another person who is between the age of 12 and 16 if they are at least four years younger than you.
Each state takes a different approach as the age of consent has ranged from 10 to 18.
Of course, rape that does involve force or an assault is illegal in Oregon and prosecuted as forcible rape (see Oregon Sexual Battery Laws).