If an adult is raped by a minor, is it statutory rape?

Question

Say an adult is raped by a minor, and does not give legally applicable consent regardless of knowledge of age of the minor. Do statutory rape charges against the adult still apply?

Answer 1

This article¹ directly addresses the question, "If a juvenile rapes an adult, does the adult thereby commit statutory rape?"

It concludes:

When an adult is raped by a juvenile, the offense of statutory rape imposes criminal liability on the adult for the same intercourse by which the adult is a victim of rape. In this way, the offense of statutory rape criminalizes being raped; it criminalizes being the victim of rape. It criminalizes the failure to prevent or resist being raped by a juvenile. And neither defenses specific to statutory rape nor defenses of general application satisfactorily preclude liability.

^{1. Christopher, Russell L. and Christopher, Kathryn H. (2012) "The Paradox of Statutory Rape," Indiana Law Journal: Vol. 87: Iss. 2, Article 1.}

Answer 2

S 130.25 Rape in the third degree.

A person is guilty of rape in the third degree when:

1. He or she engages in sexual intercourse with another person who is incapable of consent by reason of some factor other than being less than seventeen years old;
2. Being twenty-one years old or more, he or she engages in sexual intercourse with another person less than seventeen years old; or
3. He or she engages in sexual intercourse with another person without such person`s consent where such lack of consent is by reason of some factor other than incapacity to consent.

Looks like rape is a strict liability offence - that is, unlike some crimes where you need to prove that the criminal act was committed with intent of some kind (or sometimes recklessness), the intent is irrelevant; it is enough that the criminal act occurred.

With that in mind, the answer is most likely yes.

Answer 3

tl;dr: Yes.

As a convicted sex offender for being raped by a 14 year old while I was a nearly unconscious 20 year old... law was not on my side. I was literally sent 2nd degree sexual assault charges thru the mail nearly 6 months after the incident occurred. I was never questioned by police. Once. Just sent me a piece of paper like it was a parking ticket. Come to find out the same school police officer who made me file a report I was raped at 16 or face an underage. Same school police officer made this 14 year old give a statement I gave him a blowjob so he wouldn't get a charge himself. I took the plea deal as in my lawyer avised me to or I could get years in prison because no one would believe me.