Statutory rape is defined as a rape with a person who is under the age of consent. In other words, the consent of a party is not considered on the ground that she is below the age specified in the law. In such cases, the defendant cannot take the plea that the relation was consensual in nature because such a consent is invalidated by the minority of the party concerned.
The consent given by a person who has not attained the legal age is same as that of a person of unsound mind or where the consent has been obtained by force or coercion. It is similar to the cases where one party holds a position of authority over the other.
In cases of statutory rape, the defendant would be prosecuted irrespective of successfully proving that the other party was a willing participant. In instances where an act is an offence under the law, the ignorance of law cannot be used as an excuse and the party would be held guilty nevertheless.
The consent given by a person who has not attained the legal age is same as that of a person of unsound mind or where the consent has been obtained by force or coercion. It is similar to the cases where one party holds a position of authority over the other.
In cases of statutory rape, the defendant would be prosecuted irrespective of successfully proving that the other party was a willing participant. In instances where an act is an offence under the law, the ignorance of law cannot be used as an excuse and the party would be held guilty nevertheless.
