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multiple11-Jul-2006opinionRGirl by votes60659.5%

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Is an adult guilty of statutory rape/sex with a minor if the minor in question presented themselves as being of age?

http://en.wikipedia.org/wiki/Statutory_rape

Age of consent varies from state to state in the US and from country to country. Here is a guide to show what the age of consent is where you live.
http://upload.wikimedia.org/wikipedia/commons/e/ef...


VotesAnswer
18Yes
14Not if it can be proven that the minor deceived the adult
10Not if it can be proven that the minor deceived the adult & the minor does appear to be older and of age
9No
7Other
1I don't think it is possible for a minor to pass himself/herself off as an adult that is of age


UserComment
Tommyturtle40
posted 11-Jul-2006 8:35am  
personnally, I feel that when someone presents themselves for sex, they are consenting to it, regardless of the age.
dab Survey Qualifier
posted 11-Jul-2006 8:37am  
Legally? Yes. However, if the age of consent is 18 and a 17 year old has sex with an 18 year old, it's hard for me to think of that as wrong just because of the age difference.
bill Survey Central Gold Subscriber Gold Star Survey Creator
posted 11-Jul-2006 8:43am  
Legally, I think the answer is "yes". But, you're asking my opinion... I think I'm still a "yes", though I reserve the right to change my mind if someone can convince me otherwise.

I think, for me, it depends on how great the gap in age is. If it's a 30 year old, having sex with a 15 year old... even if the 15 year old said he/she was 18, I think the 30 year old is guilty.

On the other hand, If it's an 18 year old sleeping with a 15 year old, the level of guilt seems negligible to me.
Jody
posted 11-Jul-2006 8:44am  
The adult is guilty. The adult is always the responsible party in these situations. I've seen plenty of 14 and 15 year olds who look 18, and who may even say online or in person that they are 18. Regardless of what they say, the adult is still legally at fault.
Zang
posted 11-Jul-2006 9:08am  
I would think so. It would be the responsibility of any person engaging in sex with anyone who even remotely appeared to be child, to verify that person's age. I don't think it would be as much of an issue if the adult was under 25 and the age difference wasn't significant.

In this jurisdiction, the law allows plenty of leeway around this sort of thing provided that the parties are of vaguely similar age and no one is in a position of authority.

I think you really have to look at these sort of things on a case by case basis.
jettles Survey Central Subscriber Bronze Star Survey Creator Gold Qualifier
posted 11-Jul-2006 9:15am  
of course they are still guilty, the question should be: should they be tried or "found" guilty. they are still guilty because they did commit the crime..
cloudhugger Survey Central Gold Subscriber
posted 11-Jul-2006 9:30am  
Other. Not if they have a fantastic lawyer.
blondie20
posted 11-Jul-2006 9:48am  
Yes
southernyankee
posted 11-Jul-2006 10:47am  
well, on the one hand you're supposed to be innocent until proven guilty on the other hand any goon can lie and say "she/he told she was 18". I think this go into perpondance of evidence and then fall under the "would a reasonable person" clause.

The laws are still kind of fuzzy about this. What if you're under 18 and lie and use a credit payment to use a ligitimate service. Are you still liable since you are too young to enter contracts.
Liss
posted 11-Jul-2006 11:28am  
Not if it can be proven that the minor deceived the adult.
Enheduanna Survey Central Subscriber
posted 11-Jul-2006 12:10pm  
"Guilty" has to do with what the law says, and I'm not sure what the law says. It certainly sucks for the person being charged with statutory rape if the law says yes. As far as whether I personally think the person is guilty of anything, if they honestly didn't even have a sneaking suspicion that they just let lie so that they could claim ignorance, then no. Statutory rape is one of those things that's not black and white and it's too bad that the law seems to make it that way. Sometimes it's perfectly acceptable for a minor to have sex with an adult, and sometimes it's really not, even if the minor has technically consented.
LJD Gold Qualifier
posted 11-Jul-2006 12:12pm  
Depends...but then again it is but one person's word against another. I feel if a 17 year old girl portrays herself as 18 or 19, and she becomes involved with a man say of 20 to 25....the man should not be held accountable. I do, however, feel a man should try to use his good judgement on a woman's age...say for instance a man surely can tell a 14 year old girl, and not depend on her to tell the truth. Also, if a man were to partake of sex outside of marriage, he should not depend on a woman to prevent pregnancy, he should protect himself. A woman could say she's on the pill, just to trap the man. Men should think with their brains and not the other "member"...maintain some kind of self discipline.
ultamate
posted 11-Jul-2006 1:11pm  
I don't know what the law says so I don't know.
was_Frostbrand
posted 11-Jul-2006 2:21pm  
If she can pass as an adult to the jury, and the sex WAS consensual, then the guy is only guilty of felony stupid.
Amanda
posted 11-Jul-2006 2:56pm  
No way. That's not fair to the adult. I guess you could check the person's id or something, though!
Biggles Bronze Star Survey Creator
posted 11-Jul-2006 5:53pm  
I believe that is the legal position here. A judge may well be more lenient on an adult who appears to have been genuinely deceived though.
chol
posted 11-Jul-2006 7:19pm  
But the deception could be taken into account as a mitigating circumstance.
llamamama
posted 11-Jul-2006 10:55pm  
The age of consent in Iowa is 14..

Oh, and yes. If the person was old enough they'd have an ID...
Though, that'd be something weird to ask wouldn't it..?
RGirl
(reply to llamamama) posted 12-Jul-2006 12:14am  
And if some one is trying to pass themselves off as being older they may have a fake ID. I'm not too sure if that is as easy as it used to be though.
Sunrise
posted 12-Jul-2006 12:32am  
my answer is yes... my reason... if you ask the right questions you can find out how old someone is and a minor is a minor..just because he/she has a body should not come into the play, a criminal record is for life...a piece...is it worth the time. Its a catch 22 ignorence of the law is no excuse.
Iseult
posted 12-Jul-2006 4:25pm  
No.

Also, if she looks 18, don't press the issue.
Iseult
(reply to Jody) posted 12-Jul-2006 4:26pm  
So you should ask someone for their ID before having sex with them?
Iseult
(reply to Iseult) posted 12-Jul-2006 4:28pm  
Actually, thinking about it, the minor should be charger for having sex with someone older. Why should it always be the adults to get in trouble because of the horny minors?
gambler
posted 12-Jul-2006 5:59pm  
Not if it can be proven that the minor deceived the adult ........... this is a good point...

My first answer thought was No, ...but then......... if the adult was a one time thing like a pick up at a bar then No especially if they were at a place where adults only are Bar, n ightclub etc.

However if they have been "dating" for 2 years and she was 15 when they started, then Yes
llamamama
(reply to RGirl) posted 12-Jul-2006 6:05pm  
I wouldn't know..I'm a good kid  * raspberry *
Jody
(reply to Iseult) posted 13-Jul-2006 9:07am  
Honestly, I believe underage sex is wrong for a reason - because people under a certain age are unable to make informed, clear, healthy decisions for themselves. Many young people (myself included, as I was young once) make foolish decisions, and some of those decisions can have lifelong negative consequences. I believe that if you don't know someone well enough to know how old they actually are, you should not be getting intimate with them. Your mileage may vary.
JessicaWoman99 Double Gold Star Survey Creator Survey Qualifier
posted 13-Jul-2006 8:56pm  
Yes by law you are still guilty of rape regardless
JessicaWoman99 Double Gold Star Survey Creator Survey Qualifier
posted 13-Jul-2006 8:59pm  
Under age 18 we are talking about children young adults, I mean come on it is rape no matter how you look at it?
verouge
posted 14-Jul-2006 11:51am  
Not if it can be proven that the minor deceived the adult, I think that this happens alot arround the world
verouge
posted 14-Jul-2006 11:52am  
I had 10y-o when I had my first time sex!  * frown *
MiniMary
(reply to RGirl) posted 14-Jul-2006 3:23pm  
I am sure there are legal presentations that address this. I just do not know that much about the law...in that area...to comment.
caviartaste
posted 15-Jul-2006 12:55am  
not if it can be proved the minor deceived the adult OR admitted lying to them...
caviartaste
posted 15-Jul-2006 12:57am  
I was 20 and my boyfriend was 16....i guess that makes me guilty huh?

we're married now.
cabinfever
posted 16-Jul-2006 2:12am  
Not if it can be proven that the minor deceived the adult & the minor does appear to be older and of age.... that being said, the adult should know better. There are plenty of things that this girl would say to tip you off to the fact that she's not of age. Like she still lives with her parents, she's still in high school, etc. If you are even a hint suspicious, ask to see her license... it might be unusual, but better than having a felony on your record.
cabinfever
(reply to verouge) posted 16-Jul-2006 2:16am  
What?? Are you saying you were ten, or she was??
verouge
(reply to cabinfever) posted 16-Jul-2006 9:24am  
I was 10y-o..
ROCKMAN
posted 16-Jul-2006 9:28am  
Yes, but I can see if the adult was 21 or 22 and the minor looked old enough to pass for being of age and decieved the other person not to. It just depends on the situation. 95% of the time though, yes.
daleuger
posted 16-Jul-2006 6:23pm  
Oh but of course.....I always check the ID's of everyone I associate myself with don't you? Don't even get me started on this debate.
RGirl
(reply to daleuger) posted 16-Jul-2006 7:54pm  
Ah! But that is why I asked the question, to read a good debate!
mve17
posted 21-Jul-2006 2:36pm  
If they lie about their age they deserve rape and therefore the adult shouldn't get punished, lying little minor tsssssk  * rolls eyes * what crazy cat or what..
Porcupine
posted 10-Sep-2006 10:42pm  
It all depends on the circumstances and on the judgement used to trick the older person. The age difference also makes a difference. Was it an 50 year old woman with a 15.9 year old boy, or a 21 year old woman with a 15.9 year old boy. It also makes a difference if the older person was male or female. Courts do not like sending females to prison.
They absolutely refuse to send pretty females to prison, especially if they have good lawyers. You have got to remember that our "justice" system is really just a joke. Don't believe that crap they try to teach you in school. It is all about money and power. An ounce of preception is worth a pound of reality.
dizzyboo
posted 16-Dec-2006 2:08am  
So what about an 18 year old female who hangs out with a guy and his friends, and everyone tells her he is 17. They always hang out, he's in high school so she's not suspicious because a 17 year old would go to high school. They end up hooking up, she goes to his families house no one tells her that he's really 15, even though they know how old she is. When they find out she is pregnant they tell her how old he actually is. Should she be punished?
Lil9_601
posted 25-Feb-2009 9:54pm  
say a girl is 14 and the guy is 18...she looks at least 18 and told the guy on myspace that she was 17 and in high school but she was really in junior high they date and have sex 4 1 1/2 months...then the guy finds out how old she really is so they stop having sex and stopped dating...2 months later she calls the guy and asks him 2 take her to the health clinic for a routine check up...he agrees...she skips school and the principal calls her home and tells her parents....so she tells them she was with the guy who is now 19...is that still statutory rape and can he be charged???
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