Statutory Rape Law

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

The disappearance of Natalee Holloway, an 18-year-old graduate of Mountain Brook High School in Birmingham, Alabama left many unanswered questions. On May 26, 2005, Holloway and 124 fellow graduates traveled to Aruba for a five-day, unofficial graduation trip. The graduates were accompanied by seven chaperones. Bob Plummer, who was a chaperone on the trip stated the chaperones met with the students each day to ensure nothing was wrong. Jodi Bearman, who organized the trip, stated, "The chaperones were not supposed to keep up with their every move." Police Commissioner Gerold Dompig, who lead the investigation from mid-2005 until 2006, described the behavior of the students, as excessive drinking, a lot of partying, and room exchanges were done every night. The Holiday Inn told them they weren't welcome next year. Statements were made that Holloway drank all day, every day. She started every morning with cocktails and drank to

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.

Due to the interview taking place after hours and the case not being assigned until the following day, I was unable to be present at the time of the interview. However, I have since observed a copy of that interview. The following is a summary of the forensic interview conducted that night by Megan Merrill with Deja Jones. This is a summary, not an exact transcript.

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.

During the spring of 2014, a 15 year old girl at St. Paul’s School had been raped by then senior, Owen Labrie Jess Bidgood and Motoko Rich, from The New York Times, state in their article, “Rape Case Puts Focus on Culture of Elite St. Paul’s School” that the senior had pre- planned his “senior salute”, a school ritual in which older students make sexual advances towards the younger ones. With the evidence of a handwritten list, prosecutors concluded that Labrie had the intentions of “scoring” the most girls, with the victim’s name in capital letters. Prosecutors said that the young girl did not feel comfortable with his advances at first, but after some persuasion from a mutual friend, she decided to go along with it. However, Labrie’s plans

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

The first story that was told by Sloot, on June 5, 2005, lead police to detain Abraham Jones and Nick John. Jones and John were security guards from the Allegro Hotel. They were held for suspicion of murder and kidnapping of Holloway. They were later released on June 13 without any charges against them. (Crime and Investigation, 2015) On June 9, 2005, Sloot and the Kalpoe were also picked up for the same suspicion as Jones and John. The Aruba official began monitoring the three, three days after her disappearance. This included telephone wiretaps, surveillance and email monitoring. (Wikipedia, n.d.) However, this didn’t last long do to the continuous pressure that was put on the police by her

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

“Sexual assault is any type of sexual contact or behaviour that occurs without the explicit consent of the recipient. Falling under the definition of sexual assault are sexual activities as forced sexual intercourse, forcible sodomy, child molestation, incest, fondling, and attempted rape.” (Unknown, 2016)

Statutory rape: The penis is touched on vagina but no penetration takes place. This type does not exist in Indian statutes yet

On top of that, laws regarding Statutory Rape are different from one state to the next. “30 states currently consider 16 to be the age of consent; the remaining 20 states set it either at 17 or 18.” (Schwiegershausen “What You Should Know About Statutory-Rape Laws”). Some states allow the use of mistaken age or a small age gap (Romeo and Juliet Laws) as a defense against charges of Statutory Rape, and some states do not. This causes a lot of confusion as to what the laws are, especially for those moving from state to state a lot. Many people (minors especially) do not think it is an issue because if it’s consensual, why should age matter? The median age difference in Statutory Rape cases is 6 years. There are plenty of people who are married and have kids who are 6 or less years apart in age. Often because of this belief they do not take the time to research and discover the laws, and then they end up in a legal mess because it never occurred to them that consensual sexual activities would send one, or both, of them to prison. Those who understand Statutory Rape laws state that if it were truly consensual it wouldn’t be prosecuted, but there is a huge flaw in this line of thinking. If the law states that it is illegal to have sex with a person under the age of consent, and the law assumes that if it’s consensual it will not be brought to the court; that

     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.

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.