Tuesday December 10, 2013
MS Statutory Rape
If a 26 year old male has sex with a 16 year old female is that considered Statutory Rape?
§ 97-3-65. Statutory rape;
Enhanced penalty for forcible sexual intercourse or statutory rape by administering certain substances.
(a) Any person seventeen (17) years of age or older has sexual intercourse with a child who:
(b) A person of any age has sexual intercourse with a child who:
(2) Neither the victim's consent nor the victim's lack of chastity is a defense to a charge of statutory rape.
(4) (a) Every person who shall have forcible sexual intercourse with any person, or who shall have sexual intercourse not constituting forcible sexual intercourse or statutory rape with any person without that person's consent by administering to such person any substance or liquid which shall produce such stupor or such imbecility of mind or weakness of body as to prevent effectual resistance, upon conviction, shall be imprisoned for life in the State Penitentiary if the jury by its verdict so prescribes; and in cases where the jury fails to fix the penalty at life imprisonment, the court shall fix the penalty at imprisonment in the State Penitentiary for any term as the court, in its discretion, may determine.
(b) This subsection (4) shall apply whether the perpetrator is married to the victim or not.
(5) In all cases where a victim is under the age of sixteen (16) years, it shall not be necessary to prove penetration where it is shown the genitals, anus or perineum of the child have been lacerated or torn in the attempt to have sexual intercourse with the child.
(6) For the purposes of this section, "sexual intercourse" shall mean a joining of the sexual organs of a male and female human being in which the penis of the male is inserted into the vagina of the female.