In her analysis of the politics of statutory rape, cocca also discussed how the original statutory rape laws were also divided along racial lines as well while black female bodies were commodified, along with their childbearing capacity, their chastity was not (cocca, p 11. Statutory rape essay sample statutory rape is generally defined as the unlawful intercourse with a person under the age of consent regardless of whether it is against the person's will (garner, 1999 as cited in mitchell and rogers, 2003. Statutory rape: a guide to state laws and reporting requirements statutory rape: a guide to state laws and reporting requirements exploring community responses to statutory rape exploring community responses to statutory rape state experience and perspectives on reducing out-of-wedlock births. 2a32 (criminal sexual abuse of a minor (statutory rape)) part iv compares federal and state penalties for sexual assault, while part v reviews sentencing commission data. An analysis of data on rape and sexual assault sex offenses anti offenders by lawrence a greenfeld bureau of justice statistics fold along this line official.
This would enable the prosecutor to charge the defendant for the crime of statutory rape using article 626 (1) of the criminal code, because in the latter case consent is not a legal requirement that should be proved for the conviction of the crime of statutory rape. A historical summary and analysis of rape law introduction rape is an unfortunate occurrence that has bedevilled legal systems and it is the most serious sexual offence in english criminal law. Rape is nonconsensual sexual intercourse it's often committed through force, threats, or fear one variation of rape, called statutory rape, makes it unlawful to have sex with a minor under the age of consent, which is usually between 16 and 18, even if the minor consents to the sex for.
Statutory rape: a guide to state laws and reporting requirements statutory rape: a guide to state laws and reporting requirements exploring community responses to statutory rape congressional report on the feasibility of establishing a uniform national database on elder abuse ensuring a qualified long-term care workforce: from pre-employment. Of all offenders of male statutory rape victims, 70% were age 21 and older, while 45% of offenders of female statutory rape victims were 21 and older an arrest occurred in 42% of statutory rape incidents with the probability of arrest declining as victim age increased. Toward a fact-based analysis of statutory rape under the united states sentencing guidelines susan fleischmannt a seventeen-year-old boy is convicted of statutory rape for. The theory of statutory rape is that the girl is incapable of giving consent, although marriage with a parent's consent is possible in many states at ages as low as 14 intercourse with a female child (below 14 or whatever the state law provides) is rape, which is a felony. In an analysis of the national incident-based reporting system (nibrs), data from 21 states from 1996 through 2000 indicated that of the 7,557 statutory rape incidents reported to law enforcement: 95% involved female victims with male offenders.
A longer version with multiple regression analysis will be published next year as statutory rape: an empirical examination of claims of 'over-reaction' in a handbook of children, culture and violence (sage, 2006), edited by n dowd, d singer and r wilson. I deception and the law of rape and statutory rape i begin with a brief description of how deception-induced sex is currently treated in the law of rape and of statutory. Analysis of the statutory rape falling under the sixth clause of the above definition any sexual activity with a woman with or without her consent when she is below 18 years of age constitutes rape a woman under the age of 18 is considered incapable of giving consent for any kind of sexual activity. Analysis of statutory rape knowledge and provider characteristics showed that only attending a larg er number of training workshops was statistically significant no statistically significant differences were seen among other.
2 what is statutory rape statutory rape is a general term used to describe an offense that takes place when an individual (regardless of age) has con. Download report (pdf) among young people ages 18 to 24 in 2011-13, nine percent of females and five percent of males reported that their first sexual experience occurred at age 15 or younger, with an individual who was three or more years older than they were (defined here as statutory rape. Rape a criminal offense defined in most states as forcible sexual relations with a person against that person's will rape is the commission of unlawful sexual intercourse or unlawful sexual intrusion. The supreme court of india delivered a landmark judgment in the case of independent thought vs union of india (wp (c) no 382 of 2013) on the 11 th of october, 2017, whereby it read down.
Rape is defined in most jurisdictions as sexual intercourse, or other forms of sexual penetration, committed by a perpetrator against a victim without their consent the definition of rape is inconsistent between governmental health organizations, law enforcement, health providers, and legal professions. In some common law jurisdictions, statutory rape is nonforcible sexual activity in which one of the individuals is below the age of consent (the age required to legally consent to the behavior.
According to a 2013 analysis of 97 statutory rape cases, done by star ledger, the largest circulated newspaper in new jersey, 54 percent of males suspected of statutory rape are sentenced to prison, while only 44 percent of females convicted of the same crime end up behind bars. Statutory rape laws and ages of consent in the us by eugene volokh eugene volokh email bio follow may 1, 2015 i often see people assuming that sex with under-18-year-olds is a crime. Statutory rape is an important yet understudied topic there is broad public support for the prosecution of older adults who engage in sexual relationships with minors regardless of perceptions of consent by either party however, some scholars worry that expansive definitions within these laws have. 2 statutory rape laws historically prohibited sexual conduct between persons above and below a codified age of consent today, they are generally strict liability crimes.