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However, if Tony were to rape Jen (force her to have sex against her will), he would have no protection under the law even if the two are married.
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Some states, such as California and New York, set an age at which all sexual intercourse is considered statutory rape.
For example, a state might set the age of consent at 18.
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.
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.In Texas, there is a Romeo and Juliet exemption for consensual sex between a minor who 14, 15, 16, or 17, and someone who is three or fewer years older than the minor.Defendants accused of statutory rape often claim that they had no reason to know that their partner was underage.But if Jen and Tony are and living in Texas, Tony need not fear criminal charges for having consensual sex with Jen.This is because Texas has a marital exemption to the state’s statutory rape laws.Statutory rape occurs when a person over the age of consent engages in sexual intercourse with someone under the statutory age of consent, also known as a minor.Tags: Adult Dating, affair dating, sex dating