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Although such laws arose from a dubious concern for the “chastity” of young girls, the focus of modern statutory rape laws is protecting young people from victimization by older, more experienced (and possibly predatory) adults.However, the laws have specific age limits that can lead to criminalization of consensual relationships between young adults.For more information about statutory rape in general, see Statutory Rape, where you will find links to articles for every state.Statutory rape describes criminal laws that punish adults for having sex with young people.The exceptions, unfortunately for you, provide for harsher treatment of adults who have sex with younger people of the same gender.This is often an especially cruel reality for gay youth, who may turn to an older person for sexual initiation and experimentation, out of fear that approaching their peers may lead to humiliation and possibly even physical danger.State laws that treat same-sex encounters more harshly than heterosexual ones are not common but, where they exist, they may exacerbate the hardship experienced by gay youth rather than protect them from harm. However, the Kansas Supreme Court struck down the opposite-sex restriction in the Romeo and Juliet law as unconstitutional because it excluded same-sex sexual encounters.
And, every state has its own statutory rape law (often called something else, such as “sexual intercourse with a minor”) and the age limits and other specifics vary from state to state.In general, most states make it a felony crime to have sex with a person under a particular age of consent.I’m an 18-year old guy and my boyfriend, Rob, is 16. One of my friends said I could be thrown in jail for having sex with Rob because he’s under 17. I heard that Texas has a “Romeo and Juliet” law—I know we’re more Romeo and Rob, but aren’t we protected by that law? While Texas does have a Romeo and Juliet law, it does not apply to same-sex relationships.This article discusses statutory rape laws as they apply to people of the same gender.
The concept behind the age limits is that young people under a certain age lack the experience, wisdom, and maturity to give true consent to sex. So, sex with anyone under the age of 17 is considered statutory rape, even if the younger person consented to sex.Generally speaking, every state’s statutory rape law applies to same-sex situations.