Minimum age for criminal responsibility

Statutory Rape Laws

Statutory rape laws define the age below which an individual is legally incapable of consenting to sexual activity; statutory rape laws assume that all activities with individuals below this age are coercive, even if both parties believe their participation is voluntary or consensual. The penal code or criminal code of each state dictates the specific sexual acts that constitute a felony or misdemeanor offense of statutory rape. A common misconception is that the age of consent is the single factor that determines the legality of sexual activity. However, there are only 12 states that have a single age of consent. For instance, in California, statutory rape is defined as: "An act of sexual intercourse accomplished with a person who is not the spouse of the perpetrator, if the person is a minor, a person under the age of 18" (Penal Code, section mark 261.5(a)). New York also, has a single age of consent: If the victim is under 17 and the perpetrator is any age, this constitutes a misdemeanor sexual offense (Article 130, New York Penal Code). In the remaining 39 states, the legal nature of sexual intercourse is determined by age differentials between the child and defendant, the minimum age of the child, and/or the minimum age of the defendant. In Texas, for instance, the age of consent is 17 and the minimum age of child is 14 with an age differential of 3 years; thus, individuals who are at least 14 years of age can legally engage in sexual activities if the defendant is less than 3 years older than the accuser (Texas Penal Code, section mark 22.011(a)(2)).


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Rape, Sexual Assault, Date Rape & Statutory Rape

Unwanted sex acts are generally classified as rape. However, modern law more commonly refers to these criminal offenses as "sexual abuse" or "sexual assault." A wide range of activities may be included under these definitions. Statutory rape, for instance, is sexual activity with a person under the legal age of consent. Date rape is a nonlegal term for forcible sexual activity between people who know one another during a social engagement. Regardless of the circumstances, however, rape is rape, and there are serious penalties for individuals found guilty of these sex crimes. Prosecutors and the police focus more attention than ever on these offenses.


Rape and Sexual Assault

Sexual assault is most commonly thought of as forcible rape, but that is just one type of such an assault. Sexual assault in most states includes any type of unwanted physical contact with a sexual organ and may even include aggressive, sexually suggestive statements. Sexual assault may also occur between persons of the same sex. The force used and the harm suffered may make a difference to what crime is charged, as well as to the likely penalties on conviction. Under many states' laws the penalties for sexual assault are severe and may include incarceration, significant fines, psychiatric treatment, and paying restitution to the victim. Also, a person convicted of sexual assault may be required to register as a sex offender, possibly for the rest of his life. In most states, you can be charged with first degree sexual assault or rape if you physically forced sexual intercourse on another person, had sexual intercourse with someone who was unable to give legal consent, or forced intercourse by threats of retaliation. If the accused is charged with raping an unknown person, eyewitness identification is usually the major issue. You must not delay in hiring a skilled legal team to interview prosecution witnesses, show alternative photographic line-ups, protect you during a live line-up, and interview possible alibi witnesses.


Date Rape

Date rape is generally defined as forcible sexual contact during a voluntary social engagement in which a person does not intend to engage in sexual activities and resists the contact. The fact that the engagement was voluntary and the parties were acquainted is not a defense. The victim does not necessarily have to reject the advance or physically object to demonstrate lack of consent. Although laws vary by state, generally, a victim intoxicated by alcohol or a "date-rape" drug is incapable of giving legal consent. Date-rape cases normally begin with the police interviewing the victim, followed by a medical examination. Many cases of this type can be successfully defended or dismissed, if you immediately hire an expert legal team to investigate and interview potentially important defense witnesses.


Statutory Rape

Statutory rape depends on the ages of the participants. Even if consent is given, the law says that people under the age of consent are legally unable to consent; therefore, the legal effect is the same as if no consent had been given. The age of consent ranges from fourteen to eighteen, but most states use sixteen. Many states do not actually use the term "statutory rape," simply calling the crime "rape" or "unlawful sexual penetration," and the laws usually apply to any type of sexual contact. Some states' laws also consider the age difference between the two people, as well as their individual ages. State laws also frequently change the age of consent or the penalty for sexual relations involving a person of authority, such as a teacher or a coach. The victim's parents most often bring statutory rape charges, but in most states, the state can bring charges, even against the protest of both the underage person and his or her parents. The punishment for statutory rape can be severe, followed by a stigma that follows the offender for the rest of his or her life.



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