Most countries have age of consent laws which set the minimum legal age with whom an older person may engage in sexual intercourse, usually set at 16 to 18, but ranges from 12 to 20, years of age. In some societies, an age of consent is set by non-statutory custom or tradition. Sex with a person under the age of consent, regardless of their stated consent, is often considered sexual assault or statutory rape depending on differences in ages of the participants. Some countries treat any sex with a person of diminished or insufficient mental capacity to give consent, regardless of age, as rape.