Reply #7: Many states have age of consent lower than 17. . .

[Journeyman]

In New Hampshire, the age of consent is 16, but those as young as 13 can "engage in sexual penetration" with someone older provided the difference is less than 3 years. However, if the partner is acting "in loco parentis," e.g. as a teacher or guardian, the minimum age of consent is 18. Similar laws exist in Colorado where the age of consent is 17 but "close in age exceptions" allow those 5 and 16 to engage in acts with those less than ten years older and those less than 15 to engage in acts with those less than four years older. But as in New Hampshire, a 17-year-old in Colorado can not legally consent to person that is in position of trust.

So yes, this was rape. In both states.

And there should be added charges in that the rapist was in a position of both power and trust over the child.


(edited to add Wikipedia link, which I used in interest of quick response: http://en.wikipedia.org/wiki/Ages_of_consent_in_North_America#State_laws)