Learn English – Why is it called “statutory” about a rape

word-meaningword-usage

I always believed that statutory rape is a sexual offense towards minors. But when I looked up what statutory means, I've learned this.

  1. having come to be required or expected through being done or made regularly
  2. required, permitted, or enacted by statute.

I'm pretty sure that I'm missing something here because the kind of rape I'm referring to can be of a single occurrence. Also it's surely not expected to be done, definitely not required and for duck's sake not permitted!

(typo intended – I love ducks)

Best Answer

Under normal circumstances, what makes rape legally and morally wrong is that the other person does not consent to sex. In the case of minors and certain other people, even if they actually do consent, they are not legally considered capable of giving that consent.

Here is a definition:

The criminal offense of statutory rape is committed when an adult sexually penetrates a person who, under the law, is incapable of consenting to sex. Minors and physically and mentally incapacitated persons are deemed incapable of consenting to sex under rape statutes in all states. These persons are considered deserving of special protection because they are especially vulnerable due to their youth or condition. - Statutory rape legal definition

The exact conditions that define whether a person is considered legally incapable of giving their consent are enacted by statute, as per your definition 2.

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