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Arguments Against Statutory Rape

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Statutory Rape Statutory rape is a non-forcible crime of sexual intimacy between an adult and a child under the age of legal consent. The age of consent varies by jurisdiction, but is typically eighteen years old and below. Some jurisdictions also require the perpetrator to be ‘X’ number of years older than the victim before someone is charged with statutory rape. These laws are set in place because it is believed that a person below the age of adulthood cannot legally consent to sexual acts. The problem with statutory rape laws is that a person in their teen years is at the peak of puberty and is oftentimes experimenting with different sexual acts. Teenagers believe that they are consenting to these sexual acts, but little do they know that …show more content…

Statutory rape laws are sought to protect the child or victim and punish the adult or perpetrator. These crimes are based upon the premise that until a person reaches a certain age, they cannot legally consent to sexual intercourse. Many states do not refer to statutory rape directly in their laws, but use designations such as sexual abuse or sexual assault to identify the prohibited act. Consent laws have defined parameters based upon the age of the child, (Broomfield, Ding, Iverson & Kandakai, 2013). Statutory rape laws differ from state to state, but exist in all fifty states in America. New York State’s age of consent is seventeen years old. This means that a seventeen year old can legally consent to have sex with an adult (even though they are not legally an adult????). There are three different degrees of statutory rape in New York State. Third-degree rape is constituted when a person twenty-one years old and above have sexual relations with a minor under the age of seventeen. Third-degree rape is punishable up to four years in prison and is a class E felony. A second-degree rape charge occurs when a person whom is 18 years or older has sexual intercourse with a child under the age of fifteen. If the perpetrator is 18 and the child is 15, then any charges would be mitigated due to the age difference being under four years during the time of the offense. Second-degree rape is punishable by law up to seven years in prison and is a class D felony. First-degree rape is defined by sexual intercourse with someone under the age of eleven or someone under the age of thirteen if the perpetrator is age eighteen and older. Once charged with first-degree rape, the perpetrator will spend a minimal of five to a maximum of twenty-five years in prison and is a class B

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Court’s Opinion: The crime of rape is defined as follows: § 3121. Rape A person commits a felony of the first degree when he engages in sexual intercourse with another person not one’s spouse: (1) by forcible compulsion; (2) by threat of forcible compulsion that would prevent resistance by a person of reasonable resolution; (3) who is unconscious; or (4) who is so mentally deranged or deficient that such person is incapable of consent. The victim of a rape need not resist.

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886 Words | 4 Pages

The book “Runaway daughters: seduction, elopement, and honor in nineteenth-century Mexico” is the first book in the works of Kathryn A. Sloan. Other works by Sloan include “Death in the City: Suicide and the Social Imaginary in Modern Mexico” and “Women's Roles in Latin America and the Caribbean.” In “Runaway daughters: seduction, elopement, and honor in nineteenth-century Mexico,” Sloan uses 212 cases to study thus illustrate the view of sexuality, parental authority, family honor and the intergenerational conflict in Oaxaca de Juarez, South Mexico’s capital. In these cases, young men were charged by the parents of their partners with “rapto,” which she defines as “the abduction of a woman against her will by the use of physical violence,

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499 Words | 2 Pages

Kitchens said: “He called Crimes Against Children in Little Rock. They said they can’t do nothing about it because she’s 16 years old.” The age of consent in Arkansas is 16-year 's-old, making that the

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473 Words | 2 Pages

The Steubenville High School Rape case, is one of the high profile criminal cases within the last two years. The case occurred in Steubenville, Ohio on August 11,2012. When a sixteen year old girl was intoxicated and raped. She was publicized through social media of a video and sexually assaulted by two of her peers at a party. With an underage drinking party at Matt Belerdine’s house.

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648 Words | 3 Pages

A registerable offense only if the victim is less than seventeen years old and the offender is not the parent of the victim. A registerable offense only if the person patronized is in fact less than seventeen years old. A registerable offense unless the trial court finds that registration would be unduly harsh and inappropriate.” (“New York State Sex Offender Registry Registerable Offenses”, 2012)

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279 Words | 2 Pages

Some people might think that Child molestation and Statutory rape are the some thing . Although they have many similarities, there is a big difference. And many different consequences. Child Molestation involve an underage child, usually five to ten years of age. The child is forced and threaten to do the things the molester is telling him/her to do to them .

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3188 Words | 13 Pages

Sexual violence constitutes different types, for example, rape (the coercion of sex to a nonconsenting party). Sexual violence could also be molestation (for instance, paedophilic actions), unwanted sexual comments, forced marriages, failed BDSM (bondage,

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787 Words | 4 Pages

Imagine yourself finding the love of your life and then coming to realize that your only love is your most hated enemy. Romeo Montague and Juliet Capulet fell in love in just the shortest amount of time that they didn’t even know they were enemies, but they do not let the thought of being enemies get in the way of their love. Romeo and Juliet went through misery just to be together in the end which they do end up being together just not in the way they intended it to be. The two of them loved each other so much that they sacrificed their own lives just because the feud would not let them be together. The family’s feud is at fault for the deaths of Romeo and Juliet because the name Montague and Capulet would have never mattered, Romeo and Juliet

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468 Words | 2 Pages

Great heroes need great sorrows and great burdens or half their greatness goes unnoticed. It's all part of the fairy tale. We usually don't want to give up our happiness for something other than for more happiness. When heroes give up their happiness it is usually so that others instead of themselves could be happy. Heroes fight for some that's worthwhile, are brave in the face of Death himself, and are not selfish but are instead looking for others.

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For this student, I think this definition is limited, it says between a child/adolescent and an adult, this student believes that sexual abuse can occur also between adults or between child/adolescents. A person 's age should not define if is sexual abuse or

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1979 Words | 8 Pages

Lastly, in some states; there are age of majority statutes which automatically prosecute sixteen and/or seventeen years old depending on the state as adults (Campaign for Youth

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1479 Words | 6 Pages

“Although concerning sexual practices between adults and children have existed throughout history and across cultures, whether such behavior was conceived of and defined as ‘abuse’ has been dependent on the societal values of the particular period” (Denov, 2004). In today’s society, sex offending has become an increasingly, concerning phenomenon that individuals must become more aware of. Although generally regarded as a male phenomenon, over time, female perpetrators have become equally important as male perpetrators. Due to the lack of public awareness, female sexual predators go unreported. As a result, society must become more aware of female sexual perpetrators, as many incidents of females assaulting both young men and women have gone unreported for some time.

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452 Words | 2 Pages

Sexual assault laws have been amended and created over time to ensure the criminal justice system remains sensitive to the tribulations involved in rape trials for the victim. However, the connotative capacity of language used in evidentiary testimonies in rape trials can defeat the purpose of these reforms as ‘language is not merely a means of putting forth evidence in a case, but it in fact transforms the nature of evidence itself, thus influencing the outcome of the case’ (Maheshwari 2014:1). As theorised by Bourdieu (1982) symbolic power as ‘the power to create reality through language’ (Matoesian 1995:38) is successfully employed in rape trials to instil patriarchal and legal domination over the victim. The use of language in courtroom

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1245 Words | 5 Pages

Sexual assault is a form of forced sexual violence. The term sexual assault can be defined as an act in which a person sexually violates a victim without the victims consent. This is one of the most common problems faced by many schools in South Africa, the problem of sexual assault amongst learners in South African school. Sexual assault is an unlawful act, which the perpetrator can be sentenced to jail for practicing it. Sexual assault can be in a form of fondling of unwanted sexual touching, forcing a victim to perform sexual acts such as oral sex or penetrating the victim’s body and torturing a person in a sexual manner.

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786 Words | 4 Pages

Sexual assault and sexual abuse are two common types of sexual violence. Sexual assault is a sexual act that could be committed by anyone no matter what kind of relationship they have with the victim. Sexual abuse is an undesired sexual behaviour that was forced upon a person; sexual abuse can be possible to happen for any gender and at any age. So, in case you don’t know sexual assault can be a touch on somewhere you don’t want anyone to touch For example, your thigh, neck...

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