Is this considered statutory rape?

Question

Is it considered statutory rape if two minors (lets say 10 and 12)
have gay sex? Can both boys be arrested? Thanks

PS - Question is because my friend who "thinks" he is good in law thinks it is. I dont. Thanks again.

Answer 1

It would depend on the diffrence in their ages.

If they're both ten or eleven, nobody's getting arrested.

It's only statutory rape if one is an adult and the other is a minor.

Answer 2

Statuatory rape is specific concerning an adult having sex with a minor. That does not mean there are no laws that can be prosecuted. I am personally aware of a 10 yr old who has been charged, based on lies told by another child, when the sex did not even happen. And yes, the child was handcuffed, taken to juvie, and is up for trial.
So I would say that your friend is partially right... it can be a criminal action, not necessarily statuatory rape. BOTH kids should be in custody, if not in jail, at least in foster care to insure that this is not an ongoing thing.

Answer 3

The law presumes that when a child is under 13 he or she is not mature enough to consent to sex. So even if a 10 year-old willingly has intercourse, even with someone the same age, as far as the law is concerned, he or she has not "consented" to it because he or she is not legally able to. This concept is similar to the age of criminal intent, which assumes that children under 10 cannot commit crimes because they do not understand what crimes are. The implication of the rule is that anyone who has sex with a child under 13 is committing what is termed "statutory rape." There is no defense to this charge - even if the child says the other child was willing or that he thought he was older than he was, it would not matter. Children under 16 caught having sex with other minors could be forced to undergo supervision and treatment for their sexual behavior.

Answer 4

Depends on the laws of the state but possibly. Usually for a minor to statutorily rape another minor there must be a significant age difference. For instance in NC a 16 year old can statutorily rape an 11 year old.

Answer 5

Specific laws vary by state. Most laws specify statutory rape occurs when the 'victim' is below a certain age and the 'rapist' is about a certain age. If both are minors, the law usually does not apply.
Your question asked "Can both BOYS be arrested?" I won't ask exactly what that means.

Answer 6

Since both kids are minors, I don't think so. You should ask this question under the Psychology section to find out what it is or isn't. I would suggest that the 12 year old is much more mature than the 10 year old despite the slight difference in their age.

Answer 7

Depending on the state...laws vary from state to state...in My state..if there is less than a 4 year difference ..no criminal charges would be filed in this case...that is my opinion of the law from years of experience as a assistant....for a real opinion ask a lawyer...

Answer 8

It is a possibility. There is a case going on in Utah where 13 year old girl who got pregnant by her 12 year old boyfriend is facing sexual abuse charges.

Answer 9

NO, OMG WTF IKR? NO!!!! No intercourse = no crime i think you reside in the state the place sixteen is the age of consent. maximum states this is 18 and you 2 may be fantastic till you're 18. yet besides the fact that in case you have been Who rather cares? as lengthy as no person catches you you're fantastic. merely if absolutely everyone asks you the two merely play it off and the two have your memories immediately. determine you talk approximately what you are going to declare so which you the two no. do merely no longer tell absolutely everyone and do it in inner maximum.

Answer 10

Children do not have sexual needs. I hope you made that up.

If not get help for those kids.