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This is just one reason why the law is confusing and hard to follow.
Before you start having sex, it’s important you understand what giving (and getting) sexual consent means. According to the , it’s a criminal offence for any kind of sexual activity to take place between two people where one or both participants is under 16.
This offense is a felony, and a conviction can result in up to 15 years in prison. For example, a conviction for first degree criminal sexual conduct with a minor incurs a lifetime status as a registered sex offender. South Carolina has a marital exemption for statutory rape that allows consensual sex between a married female (14 or older) and her adult spouse, or a married male (16 or older) and his adult spouse, even though their ages would prohibit it if they were not married.
Minors are legally incapable of giving consent to having sex; so for example, if Jen, a 15-year-old willingly has sex with Tony, her 23-year-old boyfriend, Tony can be charged with rape, since Jen is not legally capable of giving consent in the first place.
Assaults of a sexual nature may also be charged under the state’s assault and battery or child enticement or molestation laws. Fw-300 #ya-qn-sort h2 /* Breadcrumb */ #ya-question-breadcrumb #ya-question-breadcrumb i #ya-question-breadcrumb a #bc .ya-q-full-text, .ya-q-text #ya-question-detail h1 html[lang="zh-Hant-TW"] .ya-q-full-text, html[lang="zh-Hant-TW"] .ya-q-text, html[lang="zh-Hant-HK"] .ya-q-full-text, html[lang="zh-Hant-HK"] .ya-q-text html[lang="zh-Hant-TW"] #ya-question-detail h1, html[lang="zh-Hant-HK"] #ya-question-detail h1 /* Trending Now */ /* Center Rail */ #ya-center-rail .profile-banner-default .ya-ba-title #Stencil . Bgc-lgr .tupwrap .comment-text /* Right Rail */ #Stencil . Fw-300 .qstn-title #ya-trending-questions-show-more, #ya-related-questions-show-more #ya-trending-questions-more, #ya-related-questions-more /* DMROS */ .Statutory rape laws are premised on the assumption that minors are incapable of giving informed consent to sexual activities.Their incapacity is written into the statute—hence the term, “statutory” rape.