"Statutory Rape" generally refers to sex with children rape where the lack of consent is based on a "statutory" inability of the victim to consent. For example, in New York, sex with children under eleven is always first degree rape, no matter how old the defendant. The New York statutes defining rape are complicated. The age of consent—generally 17—differs based on the age of the defendant. All statutory rape charges are serious sexual felonies. If you have been accused of statutory rape, you should contact a criminal defense lawyer at once.