What is historic precedent that determines statutory rape is a violent crime?

Asked over 2 years ago - Key West, FL

If a minor willingly commits a sexual act with an adult the adult can be charged with a sex crime. However, assuming the act was consensual between both parties it is still considered a violent act of rape. What is the case law history that refers to lack of consent on the part of a minor and why it is considered non-consenting legally even if they agree to the act?

Attorney answers (2)

  1. James Regan


    Contributor Level 20


    Lawyer agrees

    Answered . 794.005 Legislative findings and intent as to basic charge of sexual battery.—The Legislature finds that the least serious sexual battery offense, which is provided in s. 794.011(5), was intended, and remains intended, to serve as the basic charge of sexual battery and to be necessarily included in the offenses charged under subsections (3) and (4), within the meaning of s. 924.34; and that it was never intended that the sexual battery offense described in s. 794.011(5) require any force or violence beyond the force and violence that is inherent in the accomplishment of “penetration” or “union.”
    History.—s. 2, ch. 92-135.

    http://www.defendme.net | The response given is not intended to create, nor does it create an ongoing duty to... more
  2. Robert David Richman

    Contributor Level 17


    Lawyers agree

    Answered . Statutory rape is created by statute, not case law. The legislature decided that certain individuals are too young to give valid consent. That age varies state to state. It is considered rape because the legislature decided that adults should not be able to sexually prey on minors.

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