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For example, a state may set a minimum age of consent at 14, but limit consent to partners who are within 3 years of their age.
This means that no person can be convicted of rape or rape by instrumentation with anyone over the age of 14, with that person’s consent, unless the defendant was older than 18 at the time the sexual act occurred.
Though statutory rape is a strict liability crime which does not require the prosecutor to prove that an assault occurred, it is still classified as rape under the Oklahoma penal code.
Federal law, however, applies only to sexual acts that involve travel between different states, different countries, or which occur on federal property.
Each state takes a different approach to its individual determination of the age of consent, as the threshold has ranged throughout history from as low as 10 years of age all the way up to 18.
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