Providing an affirmative defense to statutory rape based on the small difference in the participants' ages, or on evidence of a pre-existing sexual relationship between the accused and the perceived victim that did not constitute statutory rape. In the latter case, in most jurisdictions, the person who has reached the age of consent is guilty of statutory rape. Minors under the age of 16 cannot engage in sexual conduct with an adult over the age of Take, for example, the widely publicized case of Marcus Dwayne Dixon, an year-old high school honor student and star football player who had sex with a year-old female classmate. Critics of strict statutory rape laws argue that while sexual relationships between teens relatively close in age may be morally questionable, prosecuting every case would unnecessarily clog up the justice system. A person in Kentucky commits third degree rape by engaging in sexual intercourse when the other person is: However, an adult can still be convicted of statutory rape of a or year-old if he is in a position of power over the minor.
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