like above anon said, there's a very big difference between statutory rape and rape. lots of consenting couples get slapped with stat rape because one ages out of the 'acceptable age range' and the parents can use it as an excuse. not to mention there's a huge difference between having sex with someone without their consent and having sex with a minor. tbh, i think the term should be changed to something else because no one can see past the word 'rape', which brings to mind forceful and unwanted sex.

sixteen would have been of the age to consent, which could very well be how old he thought she was. there are loads of stories of 20+ guys (and girls) having sex with minors and not knowing because they either didn't think to ask or they were lied to. if a girl tells you she's eighteen and she looks eighteen, you're not going to ask her for her id. finding out she's twelve or thirteen can come as a legitimate surprise to the other party. it happens a lot and has happened a lot in the past, particularly with famous people. (not to say there aren't some roman polanskys here and there, but there's a difference)