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Join Date: Feb 2005
Posts: 3,787
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Statutory Rape.
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Statutory rape is illegal sexual activity between two people when it would otherwise be legal if not for their age. The actual ages for these laws vary greatly from state-to-state, as do the punishments for offenders. Many states do not use the actual term "statutory rape," simply calling it rape or unlawful sexual penetration. These laws rarely apply only to intercourse, but rather to any type of sexual contact. Dating someone without sexual contact cannot be considered a form of statutory rape, and is almost never illegal.
All states have an "age of consent," or an age at which a person can legally consent to sexual activity and can then no longer be a victim of statutory rape. Some states also have laws that look at the age difference between the two people as well as their individual ages. All states have laws that have restrictions on the relationship between the two people, changing the age of consent, or the penalty, for sexual relations between a person of authority, such as a teacher, assistant coach, or tutor. These laws change, and can vary depending on other circumstances. For more information on how these laws apply in the various states, try the Answer Board.
Statutory rape charges can be brought up by the victim, parents of the victim, and in most states, they can be raised by the state. California has been a major example of this, filing charges against fathers of pregnant women, at the protest of both the women and the parents of the involved parties.
Recent Articles
Statutory Rape Author: Darren Kavinoky
Statutory Rape laws are based on the premise that until a person reaches a certain age, that individual is legally incapable of consenting to sexual intercourse. Thus, it is a crime for an adult to have sexual intercourse with a person under the legal age of consent, which is 18 years of age. California's statutory rape law is found in Penal Code Section 261.5. California has begun a concerted effort to use its statutory rape laws as a means of reducing pregnancies and births among minors. The attempt was prompted by recent research indicating that two-thirds of babies born to school-aged mothers in the state were fathered by adult men, who, on average, were more than four years older than their adolescent partners.
* The severity of the punishment depends on the relative ages of the two people, either of whom may be male or female.
* It is a misdemeanor for a person who is at least 18 years old to have sexual intercourse with a minor who is three years younger than that person.
* If the victim is more than three years younger than the perpetrator, the crime can be either a misdemeanor or a felony.
* If the victim is under the age of 16 and the perpetrator is 21 years of age or older, and they engage in sexual intercourse, the crime can be either a misdemeanor, punishable by up to one year in county jail or imprisonment in the state prison for 2, 3, or 4 years.
* In addition to criminal penalties, there may be civil penalties as well. The district attorney may bring actions to recover civil penalties.
* An adult who engages in an act of unlawful sexual intercourse with a minor less than two years younger than the adult is liable for a civil penalty up to $2,000.
* An adult who engages in an act of unlawful sexual intercourse with a minor at least two years younger than the adult is liable for a civil penalty up to $5,000.
* An adult who engages in an act of unlawful sexual intercourse with a minor at least three years younger than the adult is liable for a civil penalty up to $10,000.
* An adult over the age of 21 years who engages in an act of unlawful sexual intercourse with a minor under 16 years of age is liable for a civil penalty up to $25,000.
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Age of Consent :: Sexlaws.org
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Age of Consent
The "Age of Consent" is a term not found in many state statutes, but rather reflects an absence of prohibition. As used on this website, this age reflects the age at which a person can legally consent to most types of sexual activity with another person. This age varies from 15-18 in most states. There are still restrictions in some states on what type of sexual activity is permissable, such as oral sex and sodomoy, as well as restrictions of the relationship of the two people, such as a teacher-student relationship. These restrictions typically run until the age of 18, though some states still have laws against oral sex or sodomy at any age.
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Click state to find out legal age of consent -
Sexlaws.org :: Answers to statutory rape and sexual assault law questions.
or here -
STATE AGE OF SEXUAL CONSENT LAWS
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