What is one of the aggravating factors for aggravated statutory rape involving a victim under the age of 12?

In cases of aggravated statutory rape involving a victim under the age of 12, one significant aggravating factor is an age difference of more than five years between the perpetrator and the victim. The law recognizes that younger victims are particularly vulnerable, and a considerable age difference can suggest a greater power dynamic or exploitation. This standard is set to enhance the severity of the offense given the increased risk that such a relationship poses to the minor involved.

While smaller age differences may also be concerning, the law tends to draw a clearer line at five years, emphasizing the need for stricter penalties and interventions that reflect the severity of the crime when the age gap is this significant. This helps ensure that older individuals who exploit much younger minors are appropriately charged and penalized.