If his act were of a heterosexual nature, the Romeo and Juliet statutory rape provisions would apply for the same act.Limon would have faced a maximum sentence of 15 months in prison.He appealed based on the equal protection clause of the 14th amendment and the Kansas Appellate court upheld the original ruling.Age of Consent does not apply to acts of sodomy under Kansas law.Instead, statutory rape is a sex crime that solely considers the age of both sexual partners.All cases of statutory rape involve consenting sexual partners.For example, the state of New Jersey defines the age of consent as anyone between ages 13 and 16 may not legally have sex with someone 5 years or older than them.
Some states have age of consent provisions in their statutory rape legislation that stipulate that sexual relations between teenagers or young adults should not exceed a certain age gap.
This flagrant case of de juris discrimination prompted many states to make homosexual acts applicable to their respective statutory rape legislation if they had not already.
There remain states, however, that still do not have such provisions, including Kansas.
After a pregnant 14-year-old from Nebraska drove to Kansas last year to marry her 22-year-old boyfriend, now serving time for having sex with the minor, Kansas lawmakers decided it was time the set a minimum marriage age. Kathleen Sebelius, a 15-year-old could marry only if a district court judge decided it was in that person's best interest.
On Thursday, the Kansas House vote 119-0 to approve a bill that would prohibit anyone under the age of 15 from marrying in Kansas and would set strict limits for would-be brides or grooms under the age of 18. Those who are 16 or 17 could marry if they met one of three conditions: permission from a parent or legal guardian and judicial consent; permission from both parents and any legal guardian; or permission from judge if the parents are dead and there is no legal guardian.