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4 - In no event shall be liable to you or anyone else for any direct, special, incidental, indirect or consequential damages of any kind, or any damages whatsoever, including without limitation, loss of profit or the claims of third parties, whether or not advised of the possibility of such loss, however caused and on any theory of liability, arising out of or in connection with the possession or use of the data.The actor's age is an important factor in statutory rape where the offense is based on the victim's age. Jailbait: The Politics of Statutory Rape Laws in the United States. In all but three states the age of consent is 18, and the age above which the female is no longer a child varies although 14 is common.Furthermore, a defendant may not argue that he was mistaken as to the minor's age or incapacity. The theory of statutory rape is that the girl is incapable of giving consent, although marriage with a parent's consent is possible in many states at ages as low as 14.Most rape statutes specify that a rape occurs when the complainant is under a certain age and the perpetrator is over a certain age. Intercourse with a female child (below 14 or whatever the state law provides) is rape, which is a felony.In Minnesota, for example, criminal sexual conduct in the first degree is defined as sexual contact with a person under thirteen years of age by a person who is more than thirty-six months older than the victim. Increasingly statutory rape is not charged when there is clear consent by the female, particularly when the girl will not cooperate in a prosecution.