When a therapist or doctor has any type of sexual contact with a patient, it is an automatic violation of the law.
The fact that the patient consents to the sexual contact is irrelevant.
The laws are premised on the assumption that a minor does not have the capability of giving informed consent to sex.
Regardless if the person does so willingly and voluntarily and with full knowledge of the nature of the act and without any type of coercion, intimidation or physical force.
10 to 25 years in prison with a mandatory minimum of five years if the victim is between age 10 and 16 and 10 years if the victim is under age 10.
The combined sentence and special parole must equal at least 10 years(1) Fixed term of 10 years with up to 10 years added or four subtracted for aggravating and mitigating circumstances or (2) if the offender actor is at least age 21, a fixed term of 30 years, with up to 20 years added or 10 subtracted.
The incapacity of minors is written into the statute thereby creating “statutory” rape laws.The exception to the law is if the victim who is under the age of 18 is married to the other party with whom he or she is having sex.If you had a reasonable and honest belief that the minor was at least 18, you could be acquitted of statutory rape.Get familiar with these laws, so you and your partner know what is or isn’t legal in your state. Keep in mind that the laws may be different depending on the type of sexual behavior—vaginal, anal or oral—and the gender of your partner.