Statutory Rape
Statutory rape is prosecuted under Delaware’s sexual assault and rape laws and includes sexual contact or intercourse between an adult and a minor who is 15 years old or younger. It also includes intercourse between an adult who is 30 or older and a 16 or 17 year old minor (unless the marital exemption applies, discussed below).
Within those categories, the offense is broken further into several categories based on what conduct occurred—sexual intercourse, penetration, or contact may all be prosecuted (and punished) differently.
Rape in the first degree includes sexual intercourse with a victim younger than 12 years old, when the defendant is 18 years old or older.
Rape in the second degree includes sexual contact involving some penetration (however slight) with a victim younger than 12 years old, when the defendant is 18 years old or older.
Rape in the third degree involves sexual intercourse or penetration with a victim who is 15 or younger when the defendant is at least ten years older than the victim.
Rape in the fourth degree involves sexual intercourse or penetration with a victim who is 15 or younger, or when the victim is younger than 18 and the defendant is 30 years old or older.
Unlawful sexual contact in the first degree involves sexual contact with a victim who is 13 or younger.
Unlawful sexual contact in the second degree involves sexual contact with a victim who is 14 or 15 when the defendant was more than four years older than the victim.
(11 De. Code Ann. § 770, 771, 772, 773, 768, 769.)