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Statutory Rape Law Case Study

561 Words3 Pages

In vignette number 1, a 13 year-old boy describes himself as being gay and discloses he has been sexually intimate with his 17 year-old friend LeRoy for the past 3 months. He is worried he may have a sexually transmitted disease. He wants your advise and support but does not want you to tell his parents.
In this vignette, there is an illegal situation going on in this scenario. The 13 year-old boy is having a sexual relationship with his 17 year-old friend for the past 3 months. That is considered statutory rape in the state of Florida. Florida statutory rape law is when an individual has consensual sexual intercourse with an individual under age 18 (Age of consent, 2017). The Florida age of consent is 18 years old. Individuals age 17 or younger in Florida are not legally able to consent to sexual activity (Age of consent, 2017). Florida Statute 800.04(4) (2017), states that the crime of Lewd or Lascivious Battery is committed when an individual engages in sexual activity with a child older than 12, but younger than 16. As …show more content…

In the scenario, the 13 year-old stated he may have a sexually transmitted disease. If that is the case, he could spread it to his friend. As a counselor there are limitation to confidentiality, which the counselor explains in the beginning. Also the counselor, can advise the boy to talk with his friend and get tested together, that it is important to know your status and the risk. In ACA code of ethics (2014), section B.2.c, when a client reveals that they have a disease that could be either communicable or life threatening, as a counselor there is justification in disclosing

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The Duke lacrosse case implicated criminal actions of: first degree rape, first degree sex offenses’ and kidnapping charges against three Duke University lacrosse players; Collin Finnerty, Reade Seligman and Dean Evans (North Carolina State Bar v. Nifong, 2007,p.18-20). According to Mosteller (2007) the case started with “gang rape allegations” by Crystal Mangum, a black exotic dancer who was also a student at North Carolina Central University on the morning of March 14th, 2006 (p.1337). The alleged rape occurred during the Duke lacrosse teams’ party at 610 North Buchanan Blvd (North Carolina State Bar v. Nifong, 2007,p.1). Suspiciously Mangum could not make any identifications of her attackers even after viewing most Duke lacrosse team members including the names mentioned above and the lacrosse team members who actually lived at 610 North Buchanan Blvd (Mosteller, 2007, p.1407). Mosteller (2007) also mentions that Mike Nifong had to know that

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QUESTION 1 (i) The scenario given is one regarding Alex, a fourteen-year-old teenage boy, who has had experimental sexual intercourse with the victim – Simone, a twelve-year-old girl. Hence, on the face of it, Alex has committed a number of sexual offences against children under the age of thirteen, contrary to the Sexual Offences Act 2003. The various strict liability offences committed by Alex will be discussed as follows.

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SEX OFFENSE CONVICTION: On April 6, 2015 Rose was convicted of SEXUAL ASSAULT 2ND DEGREE, 2 Counts. Rose was 17 to 20 years of age at the time the offense. The female victim was 11 to 14 years of age at the time the offense. The offender and victim were friends and had been in and off and on dating relationship.

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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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Statistics show that sixteen percent of child molestation charges are reported to the police because the victim is too scared to tell anybody about it. Also the Molester is sentenced to twenty to twenty five years in federal prison. Statutory rape also includes minor usually between fourteen to eighteen years of age. Statutory rape can with happen one adult and one teen but, the difference

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In addition, people may not realize that it is illegal for a seventeen year old and an eighteen year old to have sex under statutory rape laws within court rules. Even though the two people are only a year apart it is still considered rape if brought upon a judge. This is because the 17 year old is still considered an adolescent unlike the 18 year old who is to be considered

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A person convicted of statutory rape will be charged with a felony and face a prison sentence of a year or more , as well as fine, although the particular sentence depends on the state in which the defendant is convicted. Where a state has a romeo or juliet mitigation that lowers the crime to a felony when the defendant and a victim are close in age no more than a year in jail maximum.

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The concept of criminal failure to act is an interesting one in that in the one hand it tries to make persons to be orally and ethically responsible for the common good, on the other hand it attempts to restrict or stop criminal liability in situations in which the defendants have no control over (Sistare, 1989). The concept advocates for the understanding that the failure by someone to act in a particular situation results in the cat tagged as omission. In the case of the Sandusky rape case at the Penn State University; there have been debates on whether or not the Assist Coach McQuery was justified not take action by preventing his senior, Sandusky form molesting r raping the boy (Sistare, 1989). However, as the debate rages on, it is critical

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Florida and New York In Florida, the victim should be at least 14 years old and the difference age between the victim and offender is no more than 4 years, The charge of the criminal will be offered to the offender id the victim was 14-15 years at the time of the act. It is because of when the victim was 16-17 years at that time, it means that

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It is always important that parents and authorities watch for these types of signs. The National Sexual Assault Hotline, 1-800-656-4673, is open 24 hours a day for everyone's available use (“Child Sexual Abuse”). Authorities have stated that there are more incidents than what have been reported. Just in 2003, a report was made that three out of four children have been sexually abused by someone that was close to them (“Child Sexual Abuse

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Diversity and Controversy in Sexuality Paper: Age of Consent Jen Graham Towson University Introduction The age of consent for adolescents and teens has produced much debate throughout the years. While sex can be seen as a natural part of life, there are laws that stipulate at what age someone can legally engage in sexual activities. Miller, Cox, and Saewyc (2010) state that Canada has laws in place that requires an adolescent to be at least 16 years of age in order to consent (p. 106). In the Unites States, certain places place only age limits for consent, while other places implement both age restrictions and age gap restrictions (Oudekerk, Guarnera, and Reppucci, 2014, p. 1239).

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Children’s childhoods are destroyed and never usually something remembered as joyful. They lose the sense of who they are. Sexual abuse includes intercourse, oral sex, anal sex, an adult masturbating a child or the other way around, sexual hugging, sexual kissing, sexual touching known as fondling, and making a child behave in a sexual way. There isn 't an exact age limit to who commits sexual abuse. It can be other children older or younger than the victim.

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According to the New York Sexual Assault Statute, sexual contact without one’s consent is considered to be a third degree assault. It is also when the offender, who is 21 years old or over, is involved in sexual contact with a minor, someone under the age of 17, without their consent. Depending on the circumstances of the act, including the victim and perpetrator is age, the degree of the offense will elevate. Thus, a second-degree assault would be if one engaged in sexual contact with a minor without their consent. At the moment of the assault, the victim was unaware or unable to give consent because of their lack of knowledge in what sexual contact is.

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According to “The Accidental Sex Offender” by Abigail Pesta, a Texas teenager was put on the sex offender registry because he has consensual sex with his underage girlfriend he had been with for over a year. It is said that the mother of the teenager girl reported her daughter’s boyfriend to the local authorities because she wanted the couple to stop having sex. The mother was unaware of the affects she would cause by doing so, she thought the local authorities would just speak to the boy, but instead the pursed a case against Frank with charges of statutory rape. The sex offered law should be changed for people that are in the same situation as frank.

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According to D’iachenko & Tsymbal (2013, p. 84), “pedophilia, meaning sexual contact between adults and children, has existed throughout the whole history of humankind”. This occurs when one person is not the legal age of eighteen years old (D’iachenko & Tsymbal, 2013, p. 84). During one case study, it was found that those who committed sexual assault fall under two different categories. One category is that they might have a mental disorder. They type of pedophile has an impairment regarding their sexual preference.

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