They are, however, generally unavailable in any case where the older participant has an authoritative position over the younger regardless of relative age, such as a teacher/student, coach/player or guardian/ward relationship, or if any physical force was used or serious physical injury resulted.This is normally accomplished by making acts involving these circumstances separate crimes to which the "Romeo and Juliet" defense does not apply. It provides an affirmative defense to a charge of sexual assault if all of the following apply: A similar affirmative defense exists in the Texas Penal Code for the related crime of "continuous sexual abuse of a young child or children".This may occur before either participant has reached the age of consent, or after one has but the other has not.
Historically, a man could defend himself against statutory rape charges by proving that his victim was already sexually experienced prior to their encounter (and thus not subject to being corrupted by the defendant).
Often, teenage couples engage in sexual conduct as part of an intimate relationship.
Consensual teenage sex is common in the United States. In fact, it is estimated that there are more than 7 million incidents of statutory rape every year.
However, it is clear that most incidents are not prosecuted and do not lead to arrests and convictions. It is generally intended to punish heinous cases of an adult taking sexual advantage of a minor.
Although it usually refers to adults engaging in sexual contact with minors under the age of consent, it is a generic term, and very few jurisdictions use the actual term statutory rape in the language of statutes. In statutory rape, overt force or threat is usually not present.