Statutory Rape Legal Definition
Typically, a defense against rape is that both participants consented to sexual intercourse. However, in the case of legal rape, the law states that persons under the age of consent are legally incapable of consenting to sexual relations. For this reason, sexual intercourse with a person under the age of consent always takes place without consent, even if both people have stated that they agree with the meeting. It`s somewhat counterintuitive, but essentially, the younger participant is simply not legally able to give consent. As a result, there is rape. As Michelle Oberman explains in Regulating Consensual Sex with Minors: Defining a Role for Statutory Rapes, the theoretical underpinnings of statutory rape laws have changed dramatically since their introduction. [5] The modern rationale for these laws is based on the desire to protect minors from sexual exploitation. However, when these laws appeared in the 13th century, the main intention was to protect the chastity of young women. 20 The laws of Georgia, Mississippi, Missouri, North Carolina and Tennessee constitute the criminal offense of statutory rape. The situation in which an act is considered legal rape differs from State to State. The crime of legal rape in North Carolina is also called “a sexual offense committed by a person who is 13, 14, or 15 years old.” In addition to the five states listed, Pennsylvania`s laws include the criminal offense of “lawful sexual assault.” Similarly, “legal sexual seduction” is a crime in Nevada. 11 Sexual intercourse with a person under the age of 16 is legal in certain circumstances.
However, sexual interference with anyone under the age of 15 is illegal, regardless of the age of the accused. The usual punishment for legal rape is jail, sometimes accompanied by a hefty fine and an order to register as a sex offender. A number of factors affect the severity of the penalty in a particular case. One is the age of the victim: the younger the crime, the more serious the crime. Other factors can influence a punishment: The age of the actor is an important factor in legal rape, when the crime is based on the age of the victim. Furthermore, the defendant cannot claim that he or she erred as to the age or legal incapacity of the minor. Most rape laws stipulate that rape occurs when the complainant is under a certain age and the perpetrator is over a certain age. In Minnesota, for example, first-degree criminal sexual behavior is defined as sexual contact with a person under the age of thirteen by someone more than thirty-six months older than the victim. The offence also exists if the complainant is between thirteen and sixteen years of age and the actor is more than forty-eight months older than the complainant (Minn. Stat. Ann. § 609.342 [West 1996]).
In two-thirds of states, laws establish circumstances in which child abuse is a reportable crime, regardless of the relationship of the accused to the victim. In some states, the definition of child abuse includes all of the lawful rape offenses listed in the Penal Code (e.g., North Dakota, Ohio, and Wyoming). In such cases, commissioned reporters are required to inform the relevant authorities if they suspect that a child has been a victim of any of these crimes. In most cases, countries differ in the applicability of reporting obligations. The following examples illustrate the differences between these states. Legal requirements for reporting rape are usually found in the sections of state codes dealing with minors, children and families, family relationships, or social services, while the penal or penal code deals with the legality of certain crimes. This section of the report summarizes States` obligations to report child abuse and the extent to which they address the issue of legal rape. It is divided into four subsections. Age difference. In 27 countries, the legality of sexual intercourse with minors is based, at least in certain circumstances, on the age difference between the two parties (see third column of table 1). In 12 of these states, legality is based solely on the age difference between the two parties. For example: As mentioned above, most states do not have laws that specifically use the term “lawful rape”; only five contain the offense of legal rape.20 More commonly, state laws contain a variety of crimes related to intentional sexual activity with minors.
In New Jersey, for example, sexual activity with minors is treated in three crimes: criminal sexual contact, sexual assault, and aggravated sexual assault. The age of the victim and accused, as well as the type of sexual activity, determine which offence the conduct falls under. State rape offenses describe the age at which a person can legally consent to sexual activity. This section focuses on laws dealing with sexual intercourse.10Table 1 summarizes each state, if applicable: For clarity, the report also uses standard labels for participants in the crimes in question. The term “accused” refers to the accused or person who would be prosecuted under the law in question. “Victim” means the person against whom the act is alleged to have been committed. While these terms may be overly simplistic, they communicate the legal role that each party plays in relation to the laws discussed in the report. [6] In at least one case, U.S. courts have ruled that male victims of lawful child rape resulting from the crime can be held liable for child support.
In County of San Luis Obispo v. Nathaniel J., 15-year-old victim Nathaniel J. discussed a future relationship with the perpetrator (a 34-year-old woman) and stated that the sex was “mutually acceptable”. In light of this statement, the California Court of Appeals held Nathaniel J. financially responsible for his child. The court said the boy was “not an innocent victim” of sex. [23] [24] In another case of a 21-year-old woman who raped an 11-year-old man, the woman was sentenced to six months` probation; The verdict appeared to criminalize the victim, as the judge said: “After reading everything in front of me, it was pretty clear that he was an 11-year-old mature child and you were an immature 20-year-old, so the arithmetic age difference between you decreases.” [25] State laws differ in the extent to which legal rape is included in reporting requirements.
