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Quote: Statutory Rape: The Age of Consent What Is Statutory Rape? Statutory rape occurs when a person over the age of consent engages in sexual intercourse with someone under the statutory age of consent. In most states, the age of consent has been arbitrarily designated by statute. However, this age of consent varies widely from state to state. Statutory rape is a strict liability crime, meaning that the consent of the younger person or mistake about their age is not a defense. What Is the Age of Consent? Federal law makes it criminal to engage in a sexual act with another person who is between the age of 12 and 16 if they are at least four years younger than you. Each state takes a different approach as the age of consent has ranged from 10 to 18. Some states, such as California and New York, set an age at which all sexual intercourse is considered statutory rape. For example, a state might set the age of consent at 18. In this hypothetical state, two seventeen year olds who had consensual sex could both theoretically be convicted of statutory rape. ...