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In Colorado, it is illegal for an adult (someone 18 or older) to have sex with a minor (someone younger than 15), even if the sex is consensual.

Those who break the law have committed statutory rape.

The age of consent can vary among states, and some states differentiate between consensual sex between minors who are close in age (for example, two teenagers of the same age), as opposed to sex between a minor and a much older adult.

Though statutory rape does not require that the prosecutor prove an assault, it is still rape.

Statutory rape laws are premised on the assumption that minors are incapable of giving informed consent to sexual activities.

Defendants charged with statutory rape have the usual defenses available to all criminal defendants, starting with “Someone else committed this crime.” Defendants may also argue that the claimed conduct simply did not take place.They may argue that the victim herself represented that she was older than she was, and that a reasonable person would have believed her.But in Colorado, even a reasonable mistake as to the victim's age will not be a defense to a charge of statutory rape.(There are also “Romeo and Juliet” exceptions, discussed below, for parties who are close in age.) But if Jen and Tony are and living in Colorado, Tony need not fear criminal charges for having consensual sex with Jen.This is because Colorado has a marital exemption to the Colorado statutory rape laws.

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