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this post was submitted on 13 Sep 2023
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By definition, it isn't
That's the whole point of the law
Take it up with Virginia; age of consent there is 15. Intercourse with a minor above 15 as an adult can still give you statutory rape charges, as referenced here: "The age of consent for intercourse is 15 years old in Virginia; however, there are other sex acts that set the age at 18. These acts include cunnilingus, fellatio, and anal intercourse, which means that minors cannot legally consent to certain sexual activity. Additionally, if you are an adult and have sex with a person under 18 years of age, you may be prosecuted for statutory rape. Statutory rape is generally charged as a Class 4 Felony, but the exact charge and penalties will depend on all the factors and ages involved."
Pulled from https://www.roanokecriminalattorney.com/how-does-virginia-define-consent/
It isn't always the case, generally age of consent precludes it, but not always. Age of consent isn't a get out of jail free card. Additionally, it doesn't specify about relations between people in positions of power.
It's all moot anyway, Roiland lives in CA, and he was inviting a 17 year old to his house in Los Angeles. Age of consent there is 18. Did he assault her? No, but what 36 year old man is inviting a 17 year old to his house? Multiple other reports of girls at 18, still in high school, also receiving advances from him.
If there are exceptions then "age of consent" in Virginia doesn't mean the same thing as it does in other states, so all this shows is that they're re-defining the term.
I don't think that tracks; I've always been under the impression that age of consent was just when you could consent to sexual activity. It didn't account for age differences, power dynamics, or other factors that push it towards statutory rape. It was "at this age, they are able to consent to activity", and then you would have the limiting factors of age difference, power imbalance, family, etc applied through other statutes.
I very well could be wrong or just applying knowledge of my own local area to places that don't operate that way, so I'll bow out on that. I do know that age of consent isn't just a blanket shield against statutory rape in some locales or situations, though. The "statutory" part of statutory rape isn't limited to only age of consent.
"Statutory rape" just means rape by law, not necessarily by any kind of consent (since legally they can't).
These are anti-gay laws btw. That's the entire purpose of these specific exceptions.