If a 18 year old female has sex with a 14 year old female, is it considered rape if the underaged girl is willing to have sex?
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If a 18 year old female has sex with a 14 year old female, is it considered rape if the underaged girl is willing to have sex?
Asked on April 9, 2012 under Criminal Law, Texas
Answers:
Dennis Alan Lempert / Law Offices of Dennis Alan Lempert
Answered 12 years ago | Contributor
Rape requires penetration by a male's penis into a vagina. Depending a what "having sex" entails, it might be rape by a foriegn object (anything other than a male penis) or sexual molestation. Without penetration it is not rape. Penetration means anything going into the vagina, no matter how slight the insertion may be. Rape does not require any level of force.
Alan Pransky / Law Office of Alan J Pransky
Answered 12 years ago | Contributor
This describes the crime of statutory rape. Statutory rape is based on the concept that children don't have the maturity to consent to sexual intercourse. As a result, it is not a defense that the 14 year old was willing to have sex.
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