Defendant Analysis

Have you ever wondered what Statutory Rape really is? It is sexual intercourse with a minor. In humbler terms it is when a male adult 18 years or older has sexual intercourse with a female who is 17 years old or younger without consent. The issue that I have seen arise a great deal of the time is that the laws in most states are sexually biased when it comes to an adult male and an underage female. In this essay I want to specifically focus on the State of North Carolina, being that I live in this state.

During In re Winship (1970), it was determined that juveniles, just like adults, are entitled to “beyond a reasonable doubt” during the adjudication process. It was also decided that “preponderance of evidence” was not enough to gain a conviction when it came to juveniles being charged with criminal offenses an adult could commit. Both In re Winship (1970) and In re Gault (1967) were designed to

Every part of our research statement has been defined now, and the purpose of defining each aspect ourselves was to not be over or under inclusive. The reason we have narrowed down the definition of sexual assault to just forced intercourse is because among a crime that is not often reported, rape is the aspect that females will most commonly report to authorities. We chose seventeen as our minimum age because it is the legal age of consent in Texas, and any female older than seventeen is also at risk of being raped on a campus. It may seem over inclusive to add every age over seventeen, but all sexual assault crimes, regardless of age, are reported in the Clery Act. Just studying females is important because they are the most likely population to be victims of sexual assault. Finally, public campuses are the only Universities we are using because data is more readily available and representative of actual crime rates.

Rape is a despicable crime that some can’t be forgiven or forgotten. Rape is an act of sexual violence towards another human being without their consents. It’s not only if you have their consent, they also have to be old enough. Rape will give you the consequences of going to jail. Doing so will affect the person that has committed it and the person that has been violated.

The Facts: A judge out of a New York Family court found 12-year old Winship (Defendant) had committed an act of stealing money from a pocketbook in a locker that if it had been committed by an adult it would have been a crime. But due to it being a 12-year old, the judge relying on a preponderance of the evidence, the standard of proof required by the New York Family Court Act, led the way of giving good reason that justified the fact that a young person did the crime that he was charged with. Winship had to dealt with a finding like this had to be based on proof beyond a reasonable doubt. This decision was supported by the New York Court of Appeals and sustained the constitutional, but Winship was granted a review by the United States Supreme Court.

There are many ways in which a victim is preyed upon. Alcohol is the most widely used rape

If the governing body requested that I set up a give an account of statutory assault due to the developing number of underage young ladies who have been impregnated by grown-up men. Examines uncover that numerous high school pregnancies result from undertakings that underage young ladies have with more established men, with age crevices running from 7 to 10 years. For instance, the regular relationship arraigned in California includes a 13-year-old young lady and a 22-year-old male accomplice. Some insulted guardians resolvedly bolster a law that will give state stipends to provinces to indict statutory assault. These awards would permit more overwhelming implementation of the law and could bring about the conviction of more than 1,500 wrongdoers

In the state of South Carolina there are a number of laws regarding sexual assault and consent. Now sexual battery in the state of South Carolina includes vaginal, anal, and oral sexual intercourse as well as any intrusion such as touching. Furthermore, the legal age of consent in the state is 16. Unfortunately, if someone is 14 years of age, they can consent to have sex with someone who is 18 years of age or younger. Yet, submitting to coercion someone, especially if it’s of an aggravated nature is not considered consent. Therefore, a person could receive up to 30 years in prison for making someone have sex with them without them given consent.

The “statutory exclusion highlights these risks when juveniles are transferred to the adult criminal justice system (McGowan et.al., 2007). States have different age boundaries with lower ages. A lower age transfer brings into the play the developmental risks of subjecting a younger aged individual to the adult criminal justice system. Juvenile offenders that have been married or emancipated automatically get sent to the adult system. Again this runs into developmental issues and brings culpability and competency. Blended sentencing which is also being used now can also bring about risks (McGowan et.al. 2007). Subjecting the juvenile to the adult system can potentially increase that juvenile offender’s likelihood of re-offending in the future. From a judicial point of view this may overwhelm the adult criminal justice by through caseload and judicial power over cases. From a prosecutorial viewpoint the more serious, violent juvenile offenders would be taken care of in the adult system instead of “getting away” with informal and looser methods. The legislative’s point of view may need to update and create new policies that will help facilitate transfers between the juvenile system and the adult

“if (1) the defendant was at least eighteen years old at the time the defendant committed

his case thus involves the application of a state’s criminal obscenity statute to a situation in which sexually explicit materials have been thrust by aggressive sales action upon unwilling recipients.

In Alabama First-degree statutory rape for someone age 16 or older to have sexual intercourse with someone under age 12 the penalty is Life in prison or between 10 and 99 years. Second-degree rape for someone age 16 or older to have sexual intercourse with someone between age 12 and 16, when the actor is at least two years older Two to 20 years in

Arguing that juvenile’s actions (primarily criminal actions) are less culpable than those of an offender who deserves full punishment (p. 417). I agree with the thinking that juvenile’s actions should be looked at closely for the many variables that can affect their decision. However, I fully disagree with the notion that adolescents should have the possibility of adult charges taken off the menu. There are cases were juveniles should have a firm sentence, where the crime should be matched with the proper adult punishment. Some adolescents make decisions that can’t be overlooked or treated lightly. Some offenses and some juveniles deserve conviction through the adult system. Making it that NO adolescents can be tried and convicted as adult’s leaves a gap for error where juveniles who deserve harder sentencing are given a child punishment.

Recently, a Colorado Supreme court judge overturned a lower judge’s decision to disallow a juvenile boy’s confession to alleged charges of sexual assault. The original ruling judge cited the juvenile’s Fifth Amendment privilege against self-incrimination was being violated, stating that the parent present during the confession did not have her son’s best interests in mind. However, the parent present was also the boy’s mother, who had filed the initial charges when her eleven year old daughter spoke of repeated sexual abuse at the hands of her brother.

Although there is the “Romeo and Juliet Law”, which is in place to prevent serious criminal charges against teenagers who engage in consensual sex with others close to their own age. In Florida, there is an exemption for consensual sex when the minor is 14-17 years old and the defendant is no more than four years older. If the defendant meets certain eligibility requirements, the law will remove the requirement of registering as a sex offender. The terms of imprisonment and fines may still be