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The law mandates that even if he or she willingly engages in sexual intercourse, the sex is not consensual.Critics argue that an age limit cannot be used to determine the ability to consent to sex, since a young teenager might possess enough social sense to make informed and mature decisions about sex, while some adults might never develop the ability to make mature choices about sex, as even many mentally healthy individuals remain naive and easily manipulated throughout their lives.Other jurisdictions, such as Kentucky, eliminate the legal concept of "mental age" and treat sexting with a mentally incapacitated person as a specific crime. teenagers have had sexual intercourse by the age of sixteen.

Such laws generally apply to a couple whose ages differ by less than a specified number of years.

They are, however, generally unavailable in any case where the older participant has an authoritative position over the younger regardless of relative age, such as a teacher/student, coach/player or guardian/ward relationship, or if any physical force was used or serious physical injury resulted.

This makes conviction more frequent in cases involving minors.

In the past, the solution to such problems was often a shotgun wedding, a forced marriage called for by the parents of the girl in question.

Another argument presented in defense of statutory rape laws relates to the difficulty in prosecuting rape (against a victim of any age) in the courtroom.

Because forced sexual intercourse with a minor is considered a particularly heinous form of rape, these laws relieve the prosecution of the burden to prove lack of consent.

However, it is clear that most incidents are not prosecuted and do not lead to arrests and convictions. It is generally intended to punish heinous cases of an adult taking sexual advantage of a minor.

Thus, many jurisdictions prohibit allowing a juvenile to be tried as an adult under this law (most jurisdictions have separate provisions for child molestation or forcible rape which can be applied to juveniles and for which a minor can be tried as an adult).

The term statutory rape generally refers to sex between an adult and a sexually mature minor past the age of puberty.

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