Sexual Assault And Consent Within The State Of South Carolina

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.

Sexual assault on college campuses is an extensive topic that has concerned people for many years. The high rates and the case report cover-ups have brought about many varying opinions. Many people believe in changing the college framework to establish universities that are better equipped to deal with this issue. Others feel that the problem could be addressed by changing society’s outlook on crimes like these. While another group feels that the problem is in how we define rape. Despite these differences in opinions, one thing is clear, everyone agrees that something must be done to reduce sexual assault on campuses.

Guidelines and definitions are generally not too different from one state to another. Some states classify sexual crimes depending on the sexual act, while others classify them as one single category. Sexual assault is always charged as a serious felony. Federal punishment for sexual assault crimes depend on a number of factors. The offender’s criminal history, acceptance of responsibility, severity of the crime, and several other factors are considered when a sentence is imposed. “The federal law criminalizing sexual assault sets a maximum sentence of 20 years in prison, and also provides for fines. In addition, federal law provides that those convicted of sexual assault must compensate their victims for any expenses directly related to the crime. This can include costs for medical care, physical or occupational therapy, attorney's fees, and other related expenses.” (FindLaw,

Twenty-eight states fall under the category of “true non-consent states”, where the prosecution is not required to show that the offender used “force or threats of force against the victim”, and the defendant can be convicted of a sex offense by showing that the victim did not consent (Decker, 2011). While the majority fall under the first category, nine states can be identified as “contradictory non-consent states”, where the prosecution must prove either “the use of forcible compulsion or a victim’s incapacity to consent”; according to Decker, “requiring force or a lack of capacity to consent” completely counteracts the point of having a non-consent provision (Decker, 2011). The third category, “force states”, includes states that do not have non-consent sex offenses. Although the initial impression is that the majority of states have adopted non-consent standards, it is misleading because the number of states that are true to that definition shrinks as the statutes are examined more concisely (Decker, 2011). With that being said, in addition to defining consent and force, the concept of “rape” has also been clarified and developed.

University of Tennessee Knoxville was recently involved in a lawsuit for enabling athletes to sexually assault women by silencing the victims and failing to provide disciplinary actions or even investigation onto the accused. While this is a recent case, this is not the first time this sort of behavior involving a school has been brought into light. One in four women will be sexually assaulted by the end of their undergraduate career (Posluszny). Sexual assault happens throughout society no matter what the gender or age, seeming to be in increasing epidemic over the last few years. While the idea of sexual assault is largely met with public hostility in theory, actions often contradict this. This contradiction lies heavily in a culture that is unwelcoming to the victims and often leads to the perpetrators being tolerated. The existence of rape culture in western society occurs due to the preservation of violent media, patriarchal standards, and the state of the criminal justice system. This culture cannot be improved until we confront each of these problems to their roots.

As time progresses on, more reports of child sexual abuse (CSA) have been documented. According to Colangelo and Cooperman, CSA is defined as “the use of a child under 18 years of age as an object of gratification for adult sexual needs and desires.” Another definition of CSA is “sexual abuse [that] occurs whenever one person dominates and exploits another by means of sexual activity or suggestion.” (Hall, M., & Hall, J., 2011) it is difficult to

Sexual assault policy in the United States as it stands is clearly inadequate for protecting the physical wellbeing of men and women from sexual assault. Layering of policy serves a s a Band-Aid on a social wound much too large to be contained and the rise of sexual assault as a public problem reiterates the need for greater legislation and policy to protect everyone from becoming prey to the crime of sexual assault. While eyes focus on the (disproven) rise of violence in the United States, and turn to gun control, other violent crimes are forgotten. Sexual Assault has seen several cases of policy failure that actors have tried to salvage through the act of policy layering and have not significantly resolved the problem.

Not all cases include substantially more established men, and faultfinders ask whether we ought to criminalize the conduct of 19-yearold young men and their 15-year-former sweethearts. From my knowledge, all state has different charges and sentences. A prime example of the law difference would be Rhode Island and Alabama. According to the olr investigate report the charges that somebody may confront for statutory assault in Alabama for first-degree assault for somebody age 16 or more established to have sex with somebody under age 12 is a sentence of life in jail or in the vicinity of 10 and 99 years. Though a moment degree assault charge for somebody age 16 or more established to have sex with somebody between age 12 and 16, when the performing artist is no less than two years more established is Two to 20 years in jail. From my point of view, I trust this state considers assault important and I trust that would deflect individuals and It gets an attacker of the streets.They implement their laws immensely well and that is the means by which I think different states ought to deal with the charges

There are debates on whether or not the laws for statutory rape are strict enough. The age of consensual sex varies from state to state. In some states the age of consent is 16 while others start at the age of 17. Though many of these teens may be physically ready to engage in sex, many of them are not mentally prepared. In their article, “Enforce Statutory Rape Laws to Curb Teen Sex”, Kathleen Sylvester and Jonathan O’Connell talk about relationships between 12, 13 and 14 year old girls and sexually mature men who are inherently unequal, often coercive and almost always damaging. Many of these girls find themselves engaging in sexual activities with much older men. Until stricter laws are put into place, as well as parents explaining these

An estimated 39 million survivors of childhood sexual abuse exist in America today (Darness2Light, 2009a ). This figure continues to grow daily as perpetrators of this crime continue in this destructive path. The definition of child sexual abuse is the force, coercion, or cajoling of children into sexual activities by a dominant adult or adolescent. Sexual abuse of children includes touching (physical) sexually including: fondling; penetration (vaginal or anal using fingers, foreign objects or offenders organs; oral sex, or non-physical contact including: sexual comments; indecent exposures; masturbating in a child’s presence; child prostitution or child pornography (Child Welfare, 2009a).

In most cases, 16 continues to be the age of consent, yet if the complainant is 14 or 15 and the accused is no older than 19 or 20, the complainant can consent in this situation. Be aware that days and months are included in the calculation when determining if there is less than a five year age difference between the two. An experienced attorney can be of assistance if there are any questions regarding sexual consent or any charge regarding a crime of a sexual nature.

The legal age of consent in the state of Pennsylvania is 16-years-old. As such, state law defines statutory sexual assault as sexual intercourse that is not forced with someone under that age. Furthermore, the older partner must be at least four years older than the minor for sexual intercourse to qualify as this offense. According to the Pennsylvania Courts, the exception to the statutory sexual assault

The Idaho Statute 18-6101 relates to all information about the definition of rape in Idaho in the state. The definition includes ten circumstances that are included, but not limited to, proving a person guilty of rape. Subsections one and two turn the focus to the age of which sex can be technically rape. Most Idahoans are aware of this definition and know it as the Romeo and Juliet Law. The original bill has changed quite a few times, but mostly only making minimal changes to words. The main hullabaloo on this statute is whether the age of consent should be lowered in Idaho, or to keep it the same.

Sexual assault has been a huge issue for many years on college campuses and universities nation wide. As society has evolved, thoughts on sexual assault have also evolved, becoming more focused on the details of victim treatment than ever before. The topic of sexual assault is debatable and sparks many opinions on weather sexual assault on college campuses is becoming more frequent, or if there is just heightened awareness. Sexual assault can happen to anybody no matter the gender, race, religion, or age. Recently there have been many studies conducted on sexual violence on college campuses and universities producing ample amounts of statistics. One may argue that sexual assault rates are the same, but there are simply more studies and attention on sexual assault in the past 20 years. Gender roles have played a huge part in sexual assault on college campuses. Women and men have different expectations when it comes to roles in the relationship, men are often expected to make the first move. One may ask what causes a perpetrator to sexually harass somebody and think it is acceptable. There are various reasons as to why perpetrators do what they do, and may vary from person to person. Although sexual violence is a large problem for many colleges and universities, there is a surprising shortage of federal laws/rules and regulations regarding sexual assault. Colleges are able to develop their own personal policies and procedures for how they will prevent and deal with sexual

The relationship also falls under the status of Lewd and lascivious conduct which is sexual touching between an adult and a minor younger than 16 years old or an adult soliciting a minor younger than 16 to engage in sexual touching. Persons 18 and older penalties include two years and six months and up to 15 years in prison. The minimum punishment may probation without jail time if the adult is convicted of solicitation but no actual sexual contact.