Statutory Rape Laws
The term “statutory rape” is used when the government considers people under a certain age to be unable to give consent to sex and therefore consider sexual contact with them to be a rape. The age at which individuals are considered to give consent is called the age of consent. The age of consent can ranging from thirteen to twenty-one, depending on the limits set by each state in accordance with local standards of morality. Even sex that violates the age-of-consent laws but is neither violent nor physically forced is described as statutory rape. In most jurisdictions, the expressions “under-age sex” or “sex with a minor” are more commonly used.
After many years of prosecuting statutory rape laws, some people are
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Therefore, the government should create a clear differentiation between the two types of statutory rapes and then a set of clear guidelines should be constructed. The first form of statutory rape occurs when a person violently rapes an unwilling child under the age of consent, whether that person is a stranger or family member (incest). This form is defined and in some cases more serious, deserving harsher punishment than the other. The second kind of statutory rape is when a person of legally age is accused of rape, by reason of committing sexual activities with their significantly younger partner. Under this circumstance, “sex with a minor”, is when things are no longer only black and white. Violent rape is rape; no matter how old the victim; on the other hand “under age sex” gets tricky.
I suppose what is problematic about the second situation is that different states have different ages of consent. For instance, in California an eighteen-year-old boy could technically be put in jail for having sex with his seventeen-year-old girlfriend, because the age of consent in California is eighteen. However, this situation would be fine if the two “love birds” lived in Hawaii, where the age of consent is fourteen. Is it fair that depending on the state we reside in, determines who we date? Also, is it right that an eighteen-year-old is wrong for having a sexual relationship with a girl who is only one year younger than
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.
“I felt his hands start to move down towards my shorts as if he was trying to unbutton them or pull them off. I was still crying at this point and felt so scared that I couldn't move” (Hummer, 1989). These were the words said by a freshman away at college after she had been sexual assaulted. From the Rape, Abuse, and Incest National network, statistics show that “over 90 percent of all gang rapes on college campuses involve fraternity men” (Hummer, 1989). Most often these woman may be labeled as trash, shameful, or ready for action, aside from a victim, prey, or survivor. Rape myths encourage these deprecating terms for women and cover the reality of a rape culture.
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
For a sexual offence to be committed the main element is non-consent from one of the parties involved. There needs to be agreement by choice however, certain individuals do not have capacity to make that choice such as children, vulnerable adults and the mentally ill. Also, individuals who cannot consent to sexual activity because they have consumed alcohol or drugs. The Sexual Offences Act 2003 is in place to protect the above possible victims.
Sexual Assault described in technical terms is defined as any sort of sexual activity between two or more people in which one of the people involved is involved against his or her will. (3) The description of "against his or her will" extends to varying degrees of aggression, ranging from indirect pressure to a direct physical attack. While sexual assaults are associated with the crime of rape, it may cover assaults which would not be considered rape. What constitutes a sexual assault is determined by the laws of the jurisdiction where the assault takes place, which vary considerably, and are influenced by local social and cultural attitudes. Every year, an estimated 300,000 women are raped and 3.7 million are confronted with unwanted
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
Statutory rape refers to the act of sexual intercourse in which one of the participants is below a certain age, as defined by law, at which they are deemed incapable of being able to consent to such behavior. The age of consent varies between states and has been altered over time and the history of such laws will be discussed later on. But this paper will know discuss the concept of sex being a social construct based upon rates of sexual activity in adolescents and behavioral problems that have resulted from sexual relationships. So what factors influence society’s perception of sex? Age, and age difference between partners is certainly a major component, being one of the most significant aspects of what is considered statutory rape. From the play, we know that Li’l Bit was 11 years old when she was first sexual assaulted by Peck, who is significantly older than she is. Harold
Sexual assault and rape are serious social and public health issues in the United States and throughout the rest of the world. In particular sexual assault on college campus are prevalent at an alarming rate and leaves serious effects on the victims. This essay will focus on statistics and the prevalence and effects amongst college students, through examining a number of reasons why women fail to report sexual assault and rape. This essay will also cover sexual assault prevention and things that can be done to mitigate the risk of becoming a victim to such matter.
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
Misguided laws are compounded by media outlets use of the very words regarding sex offenses. I found an interesting study by the National Center For Reason
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.
Rape also known as sexual assault is having sexual intercourse or any form of sexual penetration against a person’s will or consent. It could be carried out by coercion, the use of physical power or abuse of authority. It is an act many societies, if not all discourage, and attracts different form of punishment in different geographical locations. There are many consequences of rape; some people suffer from depression, Post-Traumatic Stress Disorder, Suicidal tendencies, and Anxiety Disorder. It was not a surprise when the Mr. Cosby’s alleged case of rapes were waved and flooded to the entire media channels in the USA and other countries. Majority of people can recall number of such cases where some prominent African – Americans were sued
College-age adults are known to be high risk for sexual violence and most studies show that one in three women have experiences some type of sexual assault whether it was through physical force or harassment. These statics are known by most women on college campuses to ensure that women know and understand that this could happen to them. The issue is more than ensuring that women are aware of how protect themselves and know how to avoid these situations because it shouldn’t even be happening. When women are taught that they should know how to defend themselves we are saying that this type of behavior is normal and inevitable. We should shift from this dynamic and start teaching both men and women that this behavior is completely unacceptable and that sexually assaulting or harassing someone is NOT normal. This paper will mostly focus on incidents of rape and sexual assault on college campuses and what the outcome and reactions of these incidents were.