Statutory rape is the crime of sex with a minor under the age of consent (AOC), the age at which individuals are considered competent to give consent to sexual conduct. Statutory rape differs from other types of rape in that overt force or threat need not be present. By law (statute), any such sexual activity is assumed to be coercive since the minor is considered by law to be incapable of giving consent to the acts.
Age of consent is usually the age at which an individual can legally have intercourse with an adult, but in some jurisdictions the AOC establishes the minimum age of sexual conduct with anyone, regardless of age. In jurisdictions with the latter, it would be possible to charge two minors with a violation of the state's AOC.
Many jurisdictions have multiple age determiners for AOC, as well as a second "statutory rape age boundary". For instance, an adult engaging in sexual intercourse in a particular jurisdiction with an individual under the age of 13 may be charged with a full statutory rape charge (a charge fully equivalent in punishment and severity to rape) whereas intercourse with an individual between the ages of 13–16 may be a significantly lesser charge (such as "unlawful sexual conduct with a minor" or "criminal sexual conduct with a minor"), depending on the jurisdiction, the age difference between the participants, and other factors. Criminal sanctions for violations of the age of consent which are not statutory rape may range from a minor misdemeanor to a high level felony. For example, if there is a 5 year or more (16-21) difference, it would be considered aggravated criminal sexual abuse, a Class 2 Felony. Some jurisdictions have a third age boundary which is an age of consent that is relevant in situations in which the adult is in a position of authority over the minor (e.g., the minor's teacher, doctor, coach, school principal, mental health provider, et cetera). The massive confusion caused by the various but very different sexual crime laws (which often have legal terms which are not interchangeable or parallel from jurisdiction to jurisdiction) usually leads people to assume that any violation of the age of consent is a "statutory rape" crime.
Laws vary widely in their definitions of statutory rape; some states make exceptions when the older person is also young or of a similar age, or if he or she marries the minor before the act of sexual intercourse or before being charged with the offense. Due to a wide variety of opinions on what the proper age of consent should be, and conflicts between child sex protection laws and the natural exploration of teenage sexuality, statutory rape charges can sometimes be controversial and contradictory.
Some critics contest the legal characterization of unlawful, non-forced sexual contact as "rape" or "sexual assault." In addition to being seen as an incorrect use of those terms, critics believe the absence of a distinction diminishes the severity of actual (forceful) rape. Furthermore, they argue that charges and punishments should reflect the presence of force, so as not to suggest that actual rape is no worse than, for example, non-forced sexual contact with an adolescent.