16 year old dating 19 year old
“In many cases, they are enforced largely by how angry the parents of the younger party are.” In some states, offenders have spent years in prison for statutory rape in situations similar to Jamie Lynn Spears’ while other states have prosecuted only egregious crimes.
One particularly shocking case drew international attention when 17-year-old Georgia resident, Genarlow Wilson, was charged with aggravated child molestation and sentenced to 10 years in prison for having consensual oral sex with a 15-year-old girl.
Only 12 states set a specific age (ranging from 16 to 18), while in the majority of states, the age of consent depends on multiple factors, including the ages of each partner and the number of years between them.
The purpose behind most statutory rape laws is to punish grown adults who take sexual advantage of a minor.
Because the laws weren’t intended to punish two individuals close in age who engage in consensual sex, in many jurisdictions, an adult who is two or three years older than the minor will not be charged with statutory rape, or will be penalized less severely than a much older adult.
These so-called “Romeo and Juliet” laws provide defenses and reduced penalties in cases where the couple is relatively close in age.
Although there is no public talk of prosecution, and much of the case would depend on where and when the sexual activity took place, onlookers have questioned whether Spears’ boyfriend could be charged with statutory rape, even though the two were in a long-term, consensual relationship.
At 21 years of age, Wilson was released from prison when the court declared his sentence “grossly disproportionate to his crime.” Other states have made similar changes in an attempt to undo the harsh effects of exceptionally strict laws. Statutory rape laws are based on the premise that although young girls may want to have sex, they may not have enough experience or discernment to make a mature, informed decision.
However, there are still restrictions in some states about the type of sexual activity that is permissible, such as oral sex and sodomy, as well as restrictions on relationships involving a minor and a person of authority, including teachers, coaches, or tutors.