Everything about Statutory Rape totally explained
The phrase
statutory rape is a general term used to describe
sexual relations that take place when an individual (regardless of age or gender) has sexual relations with an individual not old enough to legally consent to the behavior. Although it usually refers to adults engaging in sex with
minors under the
age of consent, Different jurisdictions use many different statutory terms for the crime, such as "sexual assault," "rape of a child," "corruption of a minor," "carnal knowledge of a minor," or simply "
carnal knowledge." Statutory rape differs from forcible rape in that overt force or threat need not be present. The laws presume coercion, because a minor or
mentally retarded adult is legally incapable of giving consent to the act.
Statutory Rape Is Illegal Sexual Activity Between Two People When It Would Otherwise Be Legal If Not For Their Age: In accordance with the FBI definition, statutory rape is characterized as non-forcible sexual intercourse with a person who is younger than the statutory age of consent.
The term
statutory rape generally refers to sex between an adult and a sexually mature minor past the age of
puberty. Sexual relations with a prepubescent child, generically called "
child molestation," is uniformly treated as a more serious crime.
Age of consent
Age of consent is the age at which an individual can legally consent to
intercourse without qualification. There are qualified circumstances in which sexual relations with a person under the age of consent are not a crime (or constitutes a less serious crime). The most common such qualifications are that both parties to the act are minors, or that the person to be charged is legally married to the minor or close in age to the minor.
In many jurisdictions, age of consent is interpreted to mean mental or functional age.As a result, victims can be of any chronological age if their mental age makes them unable to consent to a sexual act.
Other jurisdictions, such as Connecticut, eliminate the legal concept of "mental age" and treat sex with a mentally incapacitated person as a specific crime.
The parameters of sexual crimes against persons under the age of consent are sufficiently diverse to make generalizations difficult. A complete and detailed list of such laws in North America is contained in
Ages of consent in North America.
Laws vary in their definitions of statutory rape. It is generally intended to punish heinous cases of an adult taking sexual advantage of a minor. Thus, many jurisdictions prohibit allowing a juvenile to be tried as an adult under this law (most jurisdictions have separate provisions for child molestation or forcible rape which can be applied to juveniles and for which a minor can be tried as an adult). Some jurisdictions also specify a maximum difference in age, where if the adult is, for instance, less than three years older than the minor, no crime has been committed or the penalty is far less severe. These are called "Romeo and Juliet" laws (see below).
Virtually all jurisdictions recognize that sex between married individuals isn't a crime, and thus any state that recognizes and/or allows a marriage involving a person below the age of consent necessarily makes an exception for same. However, recognition of a marriage is subject to the laws of the jurisdiction, and in the U.S. a marriage isn't necessarily guaranteed to be recognized under the
Full Faith and Credit Clause of the
U.S. Constitution. Generally, minors are allowed to marry below the age of consent if consent is given in their place by a parent or legal guardian. Usually in these cases the consent of the guardian is viewed as substituted for that of the minor (whose own consent wouldn't be recognized) which summarily disproves any allegation of statutory rape.
Rationale of statutory rape laws
Statutory rape laws are based on the concept that a young person may desire sexual intercourse but may lack the experience possessed by legal adults to make a mature decision as to whether or not to have sexual contact with a particular person. Thus, the law assumes, even if he or she willingly engages in sexual intercourse with a legal adult, his or her sex partner may well have used tactics of
manipulation or
deceit against which the younger person hasn't yet developed sufficient discernment or defense.
Critics argue that a young teenager might possess enough social sense to make informed and mature decisions about sex, while some adults might never develop the ability to make mature choices about sex, as even many mentally healthy individuals remain naive and easily manipulated throughout their lives. In the past, the solution to such problems was often a
forced marriage or "
shotgun wedding" called for by the parents of the girl in question. The original rationale was to preserve the marriageability of the girl and to prevent unwanted
teen pregnancy.
Same-sex statutory rape
In some jurisdictions, relationships between adults and minors may be prosecuted more strongly when both are the same sex. For example, in
Kansas, if someone 18 or older has sex with a minor no more than four years younger, a "Romeo and Juliet" law limits the penalty substantially. As written, however, this law doesn't apply to same-sex couples, leading to higher penalties. The Kansas law was successfully challenged, as being in conflict with the
U.S. Supreme Court rulings
Lawrence v. Texas and
Romer v. Evans. The
Lawrence v. Texas precedent doesn't directly address
equal protection, but its application in the case of
Limon v. Kansas was that it also invalidates
age of consent laws that discriminate by sexual orientation (
Lawrence v. Texas).
Romeo And Juliet laws
Often, teenage couples engage in "consensual" sexual conduct as part of an intimate relationship. This may start to occur before either participant has reached the age of consent, or after one has but the other has not. In such cases, the older of the two participants is technically guilty of statutory rape, and most jurisdictions, as previously stated, consider the act itself to be prima facie evidence of guilt, notwithstanding any knowledge, intent and/or consent, or lack thereof.
This has often been considered unjust, leading to the passage of so-called "Romeo and Juliet" laws, which serve to reduce or eliminate the penalty of the crime in cases where the couple's age difference makes the age of consent appear to be an arbitrary formality. Such laws vary, but can include:
- Providing an affirmative defense to statutory rape based on the small difference in the participants' ages, or on evidence of a pre-existing sexual relationship that didn't constitute statutory rape.
- Reducing the severity of the offense from a felony to a misdemeanor, which prevents loss of civil rights and reduces available penalties
- Reducing the penalty in such cases to a fine, probation, and/or community service
- Eliminating the requirement that the convicted participant register as a sex offender
- Allowing the judge to defer adjudication of or suspend the sentence to be imposed. The convicted party can sometimes file for expungement. Some laws allow judges to set aside a guilty verdict returned by the jury based on specific circumstances.
Such laws generally apply to a couple whose ages differ by less than a specified number of years. They are however generally unavailable in any case where the older participant has an authoritative position over the younger regardless of relative age, such as a teacher/student, coach/player or guardian/ward relationship.
An example is
Texas Penal Code, Section 22.011(e). It provides an
affirmative defense to a charge of
sexual assault if all of the following apply:
the actor was less than 3 years older than the victim at the time of the offense,
the victim was older than 14 years of age at the time of the offense,
the actor wasn't at the time registered or required to register for life as a sex offender,
the conduct didn't constitute incest, and
neither actor nor victim would commit bigamy by marrying the other (in other words, neither was married to a third person).
A similar affirmative defense exists for the related crime of "continuous sexual abuse of a young child or children". Any defense under either law, however, doesn't apply to the separate crime of "improper educator/student relationship".
Current issues
While there's broad support for statutory rape laws in the United States, there's substantial debate on how vigorously such cases should be pursued and under what circumstances.
In May 2006, the Irish Supreme Court found the existing statutory rape laws to have been unconstitutional as they prevented the defendant from entering a defense (for example, that he'd assumed the other party was over the age of consent). This has led to the release of persons held under the statutory rape law and has led to public demands that the law be changed by emergency legislation being enacted. On the 2nd of June 2006 the Irish Supreme Court upheld an appeal by the state against the release of one such person, "Mr. A". Mr. A was rearrested shortly afterwards to continue serving his sentence.
In the aftermath of the December 2007 disclosure by 16-year-old Jamie Lynn Spears, the sister of pop singer Britney Spears, that the father of her baby is 18-year-old Casey Aldridge, there's talk of the prosecution of Aldridge for statutory rape, which could be done under current Louisiana state law.
In 2008, all of the children of a community of the Fundamentalist Latter Day Saints were removed because it was believed that they were all at risk of child abuse because they were being groomed, boys and girls, to accept marriage at a very young age. Although it appeared that the community was in violation of prohibitions against polygamy, it was the issue of child abuse which resulted in the dramatic raid and moving the minors to foster care.
Age of consent reform
Legislation for close-in-age exemptions to age of consent laws.
Advocacy to change the way age of consent laws are examined in court.
Advocacy to raise ages of consent, or increase penalties for violation of these laws, or both.
Advocacy to lower ages of consent, or decrease penalties for violation of these laws, or both.
Advocacy to abolish age of consent laws. Some abolitionists advocate lowering of ages as a temporary practical expedient.Further Information
Get more info on 'Statutory Rape'.
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