Say an adult is raped by a minor, and does not give legally applicable consent regardless of knowledge of age of the minor. Do statutory rape charges against the adult still apply?
This article1 directly addresses the question, "If a juvenile rapes an adult, does the adult thereby commit statutory rape?"
When an adult is raped by a juvenile, the offense of statutory rape imposes criminal liability on the adult for the same intercourse by which the adult is a victim of rape. In this way, the offense of statutory rape criminalizes being raped; it criminalizes being the victim of rape. It criminalizes the failure to prevent or resist being raped by a juvenile. And neither defenses specific to statutory rape nor defenses of general application satisfactorily preclude liability.
1. Christopher, Russell L. and Christopher, Kathryn H. (2012) "The Paradox of Statutory Rape," Indiana Law Journal: Vol. 87: Iss. 2, Article 1.
S 130.25 Rape in the third degree.
A person is guilty of rape in the third degree when:
- He or she engages in sexual intercourse with another person who is incapable of consent by reason of some factor other than being less than seventeen years old;
- Being twenty-one years old or more, he or she engages in sexual intercourse with another person less than seventeen years old; or
- He or she engages in sexual intercourse with another person without such person`s consent where such lack of consent is by reason of some factor other than incapacity to consent.
Looks like rape is a strict liability offence - that is, unlike some crimes where you need to prove that the criminal act was committed with intent of some kind (or sometimes recklessness), the intent is irrelevant; it is enough that the criminal act occurred.
With that in mind, the answer is most likely yes.
As a convicted sex offender for being raped by a 14 year old while I was a nearly unconscious 20 year old... law was not on my side. I was literally sent 2nd degree sexual assault charges thru the mail nearly 6 months after the incident occurred. I was never questioned by police. Once. Just sent me a piece of paper like it was a parking ticket. Come to find out the same school police officer who made me file a report I was raped at 16 or face an underage. Same school police officer made this 14 year old give a statement I gave him a blowjob so he wouldn't get a charge himself. I took the plea deal as in my lawyer avised me to or I could get years in prison because no one would believe me.