If you are a victim of sexual assault or rape, contact Rape, Abuse & Incest National Network (RAINN) for online help and local resources.Here's where you can meet singles in Rapid City, South Dakota.This offense is a Class C felony; which incurs fine of up to ,000, up to life in prison, or both.
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However, if the defendant was younger than 16 or fewer than three years older than the victim, this offense is a Class 1 misdemeanor; and penalties include a fine of up to $2,000, up to one year in jail, or both. Minors are legally incapable of giving consent to having sex; so for example, if Jen, a 15 year old willingly has sex with Tony, her 19 year old boyfriend, Tony can be charged with rape, since Jen is not legally capable of giving consent in the first place.
But if Jen and Tony are and living in South Dakota, Tony need not fear criminal charges for having consensual sex with Jen.
Those who break the law have committed statutory rape.
Statutory rape laws are premised on the assumption that minors are incapable of giving informed consent to sexual activities.
This is because South Dakota has a marital exemption to the state’s statutory rape laws.
However, if Tony were to rape Jen (force her to have sex against her will), he would have no protection under the law even if the two are married.
Though statutory rape does not require that the prosecutor prove an assault, it is still rape.
Of course, rape that does involve force or an assault is illegal in South Dakota and prosecuted as forcible rape (see South Dakota Sexual Battery Laws).
Numerous defenses may apply to statutory rape charges, and a lawyer can evaluate the strength of the prosecution’s case against you and help develop any defenses that might apply to your case.