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Statutory rape is a serious crime that accuses someone of engaging in sexual acts with a minor under the age of consent. This charge is also known as carnal knowledge of a juvenile and can result in jail time upon conviction.
If you’re worried about this offense, it’s helpful to learn what the age of consent is and if there are any exceptions to the law. For example, many states have a Romeo and Juliet law that allows two people who are very close in age to engage in sexual acts despite one being under the age of consent. In most cases, this only applies when both parties are just a few years apart, so it’s not always an allowable defense to a statutory rape charge. Get to know when the Romeo and Juliet law applies and what penalties you face for statutory rape.
What Is the Age of Consent?
States are permitted to set their own age of consent, the age at which someone is legally old enough to engage in consensual sexual activity. Most states set their age of consent between 16 and 18 years old. In Louisiana, the age of consent is 17.
This means that individuals can only legally consent to sexual activity once they reach 17 years old. So, if you are 17 or older and engage in sexual acts with someone between 13 and 16, you could be charged with statutory rape.
In states that have Romeo and Juliet laws, there are exceptions to statutory rape charges. These can protect couples with a minor age gap, usually up to a few years. This would allow a 17-year-old to engage in sexual activity with a partner who is 15 or 16, for example. In Louisiana specifically, if the age gap is two years or less and you both agreed to the sexual activity, you’re unlikely to be charged with statutory rape. Consult a criminal defense lawyer if you’re unsure if the Romeo and Juliet law applies to you.
What Is Considered Carnal Knowledge of a Juvenile?
Carnal knowledge of a juvenile, better known as statutory rape, can be charged as a felony or misdemeanor. This depends on the age of the victim. In Louisiana, felony carnal knowledge of a juvenile occurs when all of the following are true:
- The victim is at least 13 but younger than 17
- The accused is 17 or older and at least four years older than the victim
- The two engaged in vaginal, oral, or anal sexual intercourse
If your case doesn’t meet these standards, you could still be charged with misdemeanor carnal knowledge of a juvenile. This is when all of the following are true:
- The victim is at least 13 but younger than 17
- The accused is 17 or older and more than two years older than the victim but less than four years older
- The two engaged in vaginal, oral, or anal intercourse
Your lawyer will let you know which charge you may be facing if you’re 17 or older and have been sexually active with someone younger than you in this state. Once you know what charges to expect, your lawyer can begin working on your legal defense options.
What Penalties Do You Face for Statutory Rape?
The penalties to expect from a statutory rape conviction depend on the age difference between the victim and the accused. If you’re facing a misdemeanor due to an age difference of more than two years and less than four, you could be sentenced to six months in prison and a fine of up to $1,000.
If it’s a felony due to an age difference of four years or more, you could be sentenced to ten years in prison, with or without hard labor. You might also be ordered to pay a fine of up to $5,000 and register as a sex offender.
Your penalties will depend on the nature of your case and what specific crime you’re convicted of. If you want to show you’re not guilty of this crime or at least plead down to a lesser charge, you need a criminal defense attorney to fight for you. Call Keith T. Whiddon, Attorney at Law, LLC at 318-594-3592 to discuss your criminal case today.
