Arguments Against Statutory Rape

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

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