Although the Supreme Court law does not say, “You can have sex with someone as soon as they turn 16,” it is a crime to have sex with a child under the age of 16; Therefore, the age of consent is 16. In addition, we would like to thank a number of evaluators for their support. Sarah Brown, Eva Klain and Brenda Rhodes Miller provided valuable advice and insight into legal issues and the policy implications of laws and reporting obligations. Their comments improved both the content and organization of the document. A common misconception about legal rape is that state codes define a single age at which a person can legally consent to sex. Only 12 states have a uniform age of consent, below which a person cannot consent to sexual intercourse under any circumstances, and above which it is legal to have sexual intercourse with another person beyond the age of consent. In Massachusetts, for example, the age of consent is 16. Unlike most rape laws, where violence is a key element of the crime, legal rape laws assume that any sexual activity with people under a certain age constitutes coercion, even if both parties believe their participation is voluntary. In general, legal rape laws define the age at which a person is legally incapable of consenting to sexual activity.
For example, the Idaho Supreme Court has defined the ability to give legal consent, including: (1) the ability to recognize the potential consequences of sexual intercourse and, given that understanding, (2) the ability to make a conscious choice. [4] 10 In some cases, a state`s laws regarding sexual intercourse do not coincide with one or more of its laws on other types of sexual acts. For example, in South Dakota, sexual penetration with a person between the ages of 10 and 16 is illegal unless the defendant is less than 3 years older than the victim. However, sexual interference with a person under the age of 16 is unlawful regardless of the age of the defendant (in State v. Darby, 556 N.W.2d 311, 127 (SD 1996), the South Dakota Supreme Court held that these two offences could be mutually exclusive). These cases are identified in the corresponding situation summaries. Understanding the different terms used in a state law is especially important in states where a person may be legally able to consent to one type of sexual activity but not another. For example, Alabama`s laws regarding the legality of sexual activity with people under the age of 16 and over the age of 12 differ depending on the type of activity. In cases involving sexual intercourse, defendants over the age of 16 who are at least 2 years older than the victim are guilty of second-degree rape. However, sexual touching is only illegal in cases where the accused is at least 19 years of age.
The laws of each of the 50 states and the District of Columbia were the primary sources of information for this report. Each state`s laws were accessible via the internet – usually through the state legislature`s website. At the time of writing, all laws were in force until at least 2003. This report is not a legal document. It shall be based on the most recent information available; However, many of the state laws mentioned were not commented. However, every effort has been made to seek additional resources to learn about recent changes in applicable law or jurisprudence and prosecutors` general views on legislation. Minimum age. In 27 states that do not have a uniform age of consent, laws set the age at which a person cannot have legal sex, regardless of the age of the accused (see second column of table 1). The minimum age in these states ranges from 10 to 16 years. The legality of sexual intercourse with a person over the minimum age and under the age of consent depends on the age difference between the two parties and/or the age of the defendant. As mentioned above, few states use the term legal rape in their codes.
Instead, penal codes determine the legality of certain sexual acts. Current legislation is often incorporated into the section of the Code dealing with other sexual offences (e.g., sexual assault, violent rape). Legal requirements for reporting rape are usually found in the sections of state codes dealing with minors, children and families, family relationships, or social services, while the penal or penal code deals with the legality of certain crimes. This section of the report summarizes States` obligations to report child abuse and the extent to which they address the issue of legal rape. It is divided into four subsections. 13 Sexual intercourse with a woman under the age of 18 is illegal, regardless of the age of the accused. However, sexual acts that do not constitute penetration are legal in certain circumstances if the victim is at least 16 years old. Most often, however, all acts are illegal (with the same age requirements), but the severity of the penalty differs depending on the type of sexual activity. In Kentucky, for example, sexual activity with children under the age of 12 is illegal, regardless of the age of the accused.
If the activities involve sexual contact, the accused is guilty of first-degree sexual assault (Class D felony); if it is sexual intercourse, the accused is guilty of first-degree rape (a Class A felony). 12 Sexual acts with persons who are at least 16 years of age are unlawful only if the accused is 30 years of age or older. Each state`s reporting obligations identify specific individuals who are required to inform authorities of alleged abuses. Although it varies from state to state, mandated rapporteurs are usually people who meet children through their professional abilities. In Pennsylvania, the law requires everyone who faces abuse because of their job skills to report it. More commonly, a state law refers to a number of specific professions.29 Common occupations include: physical and mental health care providers, teachers, child care providers, legal professionals (e.g., judges, judges, lawyers, law enforcement officers), clergy, and government officials who care for children and families.30 In addition, some states designate anyone who cares for or deals with children as a mandatory rapporteur (e.g. Alabama, Missouri, Montana). In 18 states, anyone suspected that a child has been abused must notify the appropriate authorities.31 Oberman notes that the rise of feminism has greatly influenced changes in legal rape laws.