Statutory Rape: The Age of Consent | LegalMatch Law Library
If you engage in consensual sexual intercourse with a minor it is considered Under California law, a minor under the age of 18 cannot legally consent to. Criminal defense lawyers explain California 'Statutory Rape' laws (unlawful by the minor's parent who is unhappy about the individual his/her child is dating. Statutory rape laws are premised on the assumption that minors are incapable of giving informed consent to sexual activities. Their incapacity is written into the.
Statutory Rape: The Age of Consent
See same, California statutory rape law, subsection c. See same, California statutory rape law, subsection d. California Penal Code -- Offenses for which no fine prescribed; fine authorized in addition to imprisonment.
See also California Penal Code h - Determinate sentencing. California Penal Code PC -- Offenses for which no fine prescribed; fine authorized in addition to imprisonment.
The People must prove beyond a reasonable doubt that the defendant did not reasonably and actually believe that the other person was at least 18 years old. If the People have not met this burden, you must find the defendant not guilty of this crime. Any person who, since July 1,has been or is hereafter convicted in any court in this state or in any federal or military court of a violation of Section committed in the perpetration, or an attempt to perpetrate, rape or any act punishable under Section, a, orSection or committed with intent to violate Section,a, orSectionexcept assault to commit mayhem, Section California Penal Code PC - Lewd or lascivious acts; penalties; psychological harm to the victim [may be charged instead of or along with California statutory rape].
Any person who, since July 1,has been or is hereafter convicted in any court in this state or in any federal or military court of a violation of Section committed in the perpetration, or an attempt to perpetrate, rape or any act punishable under Section, a, orSection or committed with intent to violate Section.
California Statutory Rape Laws
The penalty described in subdivision b or this subdivision shall apply whether or not the person has been released on parole or has been discharged from parole. Ranscht Cal. This assumption overlooks the fact that unlawful sexual intercourse is a general intent offense People v. Pitts Cal. Anderson Cal. Pearson 42 Cal.Do age of consent laws work?
Similarly, unlawful sexual intercourse committed without specific intent to "arous[e] Moreover, the Manchel court ignores the possibility that the district attorney might offer, and an offender might accept, a plea to violating section A Hot Topic Among Teens The recent discovery that year-old actress Jamie Lynn Spears, the sister of pop star Britney Spears, became pregnant by her year-old boyfriend has again turned consensual sex among teens into a hotly contested issue. Parents, particularly those with teenage daughters, certainly have cause for concern.
Research shows that teenage girls tend to have their first sexual experience with male partners who are three or more years older. But do these dangers warrant laws that put young people in prison? Romeo and Juliet Make a Comeback Statutory rape is defined by the FBI as non-forcible sexual intercourse with a person who is younger than the statutory age of consent.
The statutory rape laws vary greatly from state to state, with more than half of the states setting the legal age of consent at 16 other states range from 14 to For the most part, there is no single age at which a person can consent to sexual activity.
Only 12 states set a specific age ranging from 16 to 18while in the majority of states, the age of consent depends on multiple factors, including the ages of each partner and the number of years between them.
The purpose behind most statutory rape laws is to punish grown adults who take sexual advantage of a minor. The following are just a few examples of Romeo and Juliet laws currently in place in the United States: In New Jersey, the age of consent is 16, but individuals who are at least 13 years of age can legally engage in sexual activities if their partner is less than 4 years older than them. In the District of Columbia, it is illegal to engage in sexual intercourse with someone who is under the age of 16 the age of consent if the defendant is 4 or more years older than the victim.
According to Louisiana law, it is a misdemeanor for someone aged 17 to 19 to have consensual sex with someone aged 15 to 17 if the difference between their ages is more than two years. California law declares it a misdemeanor to have sex with someone younger than 18 if the offender is less than three years older; someone more than three years older could be charged with a felony.
Exceptions and Other Considerations In addition to Romeo and Juliet laws, some states have specific exemptions when both parties to the sexual act are minors, or the person to be charged is legally married to the minor.
However, there are still restrictions in some states about the type of sexual activity that is permissible, such as oral sex and sodomy, as well as restrictions on relationships involving a minor and a person of authority, including teachers, coaches, or tutors.
All states have special provisions if any physical force was used or serious physical injury resulted. Until recently, statutory rape laws applied only to females, ignoring situations involving sex between an adult female and underage male. Today, most laws are gender neutral, and a number of women in authority positions such as Mary Kay Letourneau, Debra Lafave, Pamela Rogers Turner, and Pamela Smart have been prosecuted for engaging in sexual relationships with younger males.
Does the Punishment Fit the Crime?
California "statutory rape" law; penal code ; unlawful sex w/a minor
While many states have strict statutory rape laws on the books, prosecutors have been inconsistent in enforcing them, says Mark Chaffin, a researcher with the National Center on the Sexual Behavior of Youth.
One particularly shocking case drew international attention when year-old Georgia resident, Genarlow Wilson, was charged with aggravated child molestation and sentenced to 10 years in prison for having consensual oral sex with a year-old girl. Georgia law, which has since been changed to classify this act as a misdemeanor carrying a maximum penalty of one year in prison, also required Wilson to register as a sex offender when he was released.