united-states criminal-law new-york-state legal-terms rape
If an adult is raped by a minor, is it statutory rape?
<p>Say an adult is raped by a minor, and does not give legally applicable consent regardless of knowledge of age of the minor. Do statutory rape charges against the adult still apply?</p>

<p><a href="http://digitalcommons.law.utulsa.edu/cgi/viewcontent.cgi?article=1080&amp;context=fac_pub">This article</a><sup>1</sup> directly addresses the question, "If a juvenile rapes an adult, does the adult thereby commit statutory rape?"</p>

<p>It concludes:</p>

<blockquote>
  <p>When an adult is raped by a
  juvenile, the offense of statutory rape imposes criminal liability on the adult for the same intercourse by which the adult is a victim of rape. In this way, the offense of statutory rape criminalizes being raped; it criminalizes being the victim of rape. It criminalizes the failure to prevent or resist being raped by a juvenile. And neither defenses specific to statutory rape nor defenses of general application satisfactorily preclude liability.</p>
</blockquote>

<p><sup>1. Christopher, Russell L. and Christopher, Kathryn H. (2012) "<a href="http://digitalcommons.law.utulsa.edu/cgi/viewcontent.cgi?article=1080&amp;context=fac_pub">The Paradox of Statutory Rape</a>," Indiana Law Journal: Vol. 87: Iss. 2, Article 1.</sup></p>

<blockquote>
  <p>S 130.25 Rape in the third degree.  </p>
  
  <p>A person is guilty of rape in the third degree when:</p>
  
  <ol>
  <li>He or she engages in sexual intercourse with another person who is
  incapable of consent by reason of some factor other than being less than
  seventeen years old;</li>
  <li>Being twenty-one years old or more, he or she engages in sexual
  intercourse with another person less than seventeen years old; or</li>
  <li>He or she engages in sexual intercourse with another person without
  such person`s consent where such lack of consent is by reason of some
  factor other than incapacity to consent.</li>
  </ol>
</blockquote>

<p>Looks like rape is a <em>strict liability</em> offence - that is, unlike some crimes where you need to prove that the criminal act was committed <em>with intent</em> of some kind (or sometimes recklessness), the intent is irrelevant; it is enough that the criminal act occurred.</p>

<p>With that in mind, the answer is <em>most likely</em> <strong>yes</strong>.</p>

<p>tl;dr: Yes.</p>

<p>As a convicted sex offender for being raped by a 14 year old while I was a nearly unconscious 20 year old... law was not on my side. I was literally sent 2nd degree sexual assault charges thru the mail nearly 6 months after the incident occurred. I was never questioned by police. Once. Just sent me a piece of paper like it was a parking ticket. Come to find out the same school police officer who made me file a report I was raped at 16 or face an underage. Same school police officer made this 14 year old give a statement I gave him a blowjob so he wouldn't get a charge himself. I took the plea deal as in my lawyer avised  me to or I could get years in prison because no one would believe me. </p>
