According to the California Law, statutory rape is having sexual relations with a “child” or “minor” anyone who is below the age of consent. Committing this crime can result in imprisonment and cause the defendant to be charged with a felony even if they weren 't previously aware of the age of the victim at the time in which the act was done. When a statutory rape case is being evaluated, the victim must be under the age of 18 or under the age of consent and the one presenting the case must have proof that sexual intercourse occurred. The reason why this law was put into play was because in the eyes of the government it is believed that unless one is over the age of consent, they are physically and mentally incapable of giving consent to any sexual activities. Although the amendment states that all men are created equal, there is still an existing gender bias favoring women when it comes down to who commits the crime.
Statutory Rape is a very foggy law when it comes to the specifics and the crime can still be committed even if both people engaging in sexual acts are below the age of consent as well. “Statutory rape is a state sex crime that can be charged as a felony or misdemeanor offense and may be punishable by incarceration, fine, probation, and/or registry as a sex offender, depending on the state and circumstances of the incident” (Findlaw,1). 17-year old Alan Jepsen from Sheboygan, Wisconsin was at home playing videogames when the police barged in and handcuffed him
There is more than one type of rape believe it or not. According to (Article 7A NCGA) There is 1st Degree of Rape which is a person is guilty of rape if the person engages in vaginal intercourse with a victim who is under the age of 13
When asked to define the word rape, a number of responses may be given depending upon what country or state one lives in and if one is a male or female. According to Pandora’s Project.org, rape is defined as any sexual contact or penetration attained without consent; with physical force, intimidation, threat, trickery, or when the victim is mentally capacitated, physically or mentally impaired, asleep or unconscious; this includes due to voluntary or involuntary alcohol or drug consumption.
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.
The requirement to prove lack of consent has decreased as the definition of rape has expanded. In cases such as statutory rape, where the victim is underage, the standard of proving lack of consent is dismissed—so, regardless of consent, the action remains categorized
Many cases throughout time have not resulted in a conviction being made, for the sole reason that the charges exceeded the statute of limitations. The statue of limitations is defined as “the maximum amount of time allowed for a party to initiate legal proceedings”(Legal dictionary, 2016). Present day, every state is entitled to their own statute of limitations on rape and sexual assault. 34 States currently have a statutes of limitations on rape/sexual assault. Some of these states have a statute of limitations but there is a DNA exemption rule, ruling that if a DNA match is made later than the statute then that case will be exempt from the statute of limitations. Only 16 states have no statute of limitations for rape and sexual assault (Filipovic, 2016, p .A23).
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.
“Feminism has not prepared them for this,” states Camille Paglia in her essay “Rape: A Bigger Danger than Feminists Know.” The “them” in Paglia’s statement is referring to women, and she is discussing the topic of date rape. Susan Jacoby, on the other hand, writes in her article “Common Decency,” that feminism is not responsible for the rising cases of date rape, but that it is the men who are at fault. Paglia’s argument is insightful and accurate, but Jacoby’s writing is flawed and not well-researched. Paglia includes all rhetorical appeals and persuasive techniques, while Jacoby lacks in some departments of persuasiveness and fills the gap with logical fallacies. Comparing both of these papers will help the reader see why
Rape, as defined by the Uniform Crime Reporting Program in 2011, is “penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.” This differs from the previous definition of rape, “first established in 1927, ‘the carnal knowledge of a female, forcibly and against her will.’ It thus included only forcible male penile
There are many ways in which a victim is preyed upon. Alcohol is the most widely used rape
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
Sexual assault is a term that is used interchangeably with the word rape. The decision on whether or not to use the term rape or sexual assault is made by a state’s jurisdiction. Sexual assault is more readily used in an attempt to be more gender neutral (National Victim Center). Sexual assault can be most easily described as forced or unconsentual sexual intercourse. The individual that is performing these acts on the victim may either be a stranger or an acquaintance. In 1994, 64.2 percent of all rapes were committed by someone the offender had previously known (Ringel, 1997). Regardless, this type of crime can have extreme effects on the victim.
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
Many male toddlers aren’t taught that raping a person is not only immoral but also that they have to respect a woman’s choice. Researchers and sociologists believe that when men and women are more aware and educated of rape, there would be less instances of sexual assault in colleges and universities. There are many instances of rape going unreported simply due to young women who are involved do not perceive the incident as rape until they realize it later. Students perception revealed that many young people do not have accurate images of what sexual assault is. As of recently, Time Magazine posts that California’s new law requires colleges to give consent before sex. This bill was introduced by Senator Kevin de Leon during the early summer of 2015. This bill also gives additional protection to students and sexual assault victims, including on-campus advocates for victims, and also educational programs for incoming college freshman. There are many ways to bring awareness of sexual assault and rape culture. One way is to teach children the language of consent. Other ways to raise awareness is to allow teachers to exercise the education of consent. A rape victim once said “Not enough people understand what rape is, and, until they do … , not enough will be done to stop
Statutory rape describes sexual activity where one participating party is below the age of consent to engage in the sexual conduct. The term usually refers to adults engaging in sexual activities with minors under the age of consent; however, only a handful of jurisdictions recognize the actual words "statutory rape" in its legal code. Statutory rape differs from forcible rape because imposed force or threat is not present during the sexual acts. However, the laws presume that adult coerced the minor into having sex because a minor or mentally challenged are unsuitable to make their own decisions, according to the courts. Statutory rape differs from "child molestation," which is typically treated as a far more severe crime.