In these states, such as Texas, the age of consent is determined by age differentials between the two persons and limited by a minimum age.
However, this age of consent varies widely from state to state.
Statutory rape is a strict liability crime, meaning that the consent of the younger person or mistake about their age is not a defense.
This would allow a sixteen year old to lawfully have sex with a fourteen year old, but make it criminal for an eighteen year old to have sex with that same fourteen year old.
Statutory rape occurs when a person over the age of consent engages in sexual intercourse with someone under the statutory age of consent, also known as a minor.
In most states, the age of consent has been arbitrarily designated by statute.