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Even for the most experienced sex crime lawyers, it can be difficult to keep everything straight.

Often, people use the term “statutory rape” when they talk about Kentucky sex crimes.

(b) Aggravated indecent assault of a child.–A person commits aggravated indecent assault of a child when the person violates subsection (a)(1), (2), (3), (4), (5) or (6) and the complainant is less than 13 years of age.

§ 3123 Involuntary deviate sexual intercourse (7) who is less than 16 years of age and the person is four or more years older than the complainant and the complainant and person are not married to each other.

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Pennsylvania has enacted several other strict liability sexual offenses when the complainant is under 16, but 13 years old or older. § 3125 Aggravated indecent assault (7) the complainant is less than 13 years of age; or (8) the complainant is less than 16 years of age and the person is four or more years older than the complainant and the complainant and the person are not married to each other.

But if the person was 18, it is a crime unless the person believed the person was 16.

A person who is caring for you or supervising you, like a teacher, youth worker or foster carer, can't have sex with you or sexually touch you or perform a sexual act in front of you, even if you agree, unless they are married to you.

However, there are only a couple of instances where age can determine that sexual activity is “rape.” It might be rape in the second degree (a Class C felony), if, “being eighteen (18) years old or more, he engages in sexual intercourse with another person less than fourteen (14) years old[.]” If the perpetrator is older than 21, and the victim is under 16; or if the perpetrator is over 21 and they have sex with a foster child under 18; or if the perpetrator is in a position of trust or authority (being any age), and the victim is under 16; it could be rape in the third degree (a Class D felony).

Ok, maybe there are more than just a “couple” of instances where age can determine that sexual activity is “rape.” My bad. It is illegal to engage in sexual activity with anyone who is incapable of consent, and there are a few reasons why a person may not be capable of consenting.

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