Is it a crime for two same-sex minors aged 9 and 13 to have sexual contact?
Full Question:
Answer:
The phrase statutory rape is a term used in some legal jurisdictions to describe sexual activities where one participant is below the age required to legally consent to the behavior. Although it usually refers to adults engaging in sex with minors under the age of consent, it is a generic term, and very few jurisdictions use the actual term "statutory rape" in the language of statutes. Different jurisdictions use many different statutory terms for the crime, such as "sexual assault," "rape of a child," "corruption of a minor," "carnal knowledge of a minor," "unlawful carnal knowledge", or simply "carnal knowledge." which is the term used in Virginia.
The law does not specify any difference if the perpetrator and victim are the same sex.
Statutory rape differs from forcible rape in that overt force or threat need not be present. The laws presume coercion, because a minor or mentally challenged adult is legally incapable of giving consent to the act.
Virginia Statutes § 18. 2-61 and § 18. 2-63 create criminal penalties for
1. Sexual intercourse with a child under the age of thirteen
2. Carnal knowledge of a child between ages 13 and 15
3. Carnal knowledge of a child between ages 13 and 15 when the actor is a minor and the victim is three or more years younger
4.Carnal knowledge of a child between ages 13 and 15 when the actor is a minor and the victim is less than three years younger
The penalties respectively can result in:
1. Five years to life in prison
2. Two 10 ten years in prison
3. One to five years in prison
4. Maximum fine of $250