statutory rape....the gray areas?

[yourhero]

Pennsylvania state law states:
"§ 3122.1. Statutory sexual assault:
Except as provided in section 3121 (relating to rape), a person commits a felony of the second degree when that person engages in sexual intercourse with a complainant under the age of 16 years and that person is four or more years older than the complainant and the complainant and the person are not married to each other."

Thus my question, does the four year age gap apply when over the age of 16? i.e. Can a 22 yr old have sexual relations with a 17 yr old? The age gap is greater than 4 years, but both are older than 16, the age of legal consent in Pennsylvania. Thanks.

 

[Cantthinkofone]

If they are over 16 it's legal. Thats no different then a 27 year old getting on a 20 year old girl. Shes over 16, so it is not legal.

That gap just means that if she is under age, you have to be 4 years older then her to get in trouble. So a 16 year and 15 year old has no legal action with it.

 

[Cantthinkofone]

I just thought of something. It says under the age of 16 years and that person is four or more years older than the complainant. Does that mean if a girl is 15, and you're 18, it's legal? Shes under 16 but there is not more than 4 years between the two.

 

[coosi]

Pennsylvania state law states:
"§ 3122.1. Statutory sexual assault:
Except as provided in section 3121 (relating to rape), a person commits a felony of the second degree when that person engages in sexual intercourse with a complainant under the age of 16 years ***and*** that person is four or more years older than the complainant and the complainant and the person are not married to each other."

Read the statute for your answer.

Also, statutory rape is by definition an offense BECAUSE of being underage. If the party is NOT underage, then it is no longer a STATUTORY offense. Think about it...

 

[coosi]

It says under the age of 16 years and that person is four or more years older than the complainant

Correct. This is an "if AND" statute, not an "if OR", therefore BOTH conditions have to met for it to be true...