What is the history of statutory rape?
California’s original statutory rape law dates from 1872, but the current regulation was enacted in 1970. Refinements, such as changes in reporting procedures, have continued steadily. California is among 14 states where the so-called age of consent, when a person can legally agree to engage in sex, is 18.
Why was the statutory rape law created?
Traditionally, statutory rape laws are designed to protect young girls from consensual, nonmarital sexual intercourse. To achieve this objective, the State threatens males with criminal penalties for engaging in intercourse with underage females.
How do you prove statutory rape?
To prove statutory rape, the prosecution needs to establish three facts beyond a reasonable doubt:
- Intercourse occurred.
- Parties were not married.
- The victimized party was below the age of consent at the time.
What is the difference between rape and statutory rape?
Statutory rape and rape are very different crimes. Rape requires force, fear of other intimidation in order to complete the act of sexual intercourse. Statutory rape is merely the act of having consensual intercourse with someone who you know or should have known is under 18 years of age.
Is kissing considered statutory rape?
Ok. I know anything sexual (oral, anal, vaginal) between someone who is 18 or over, and someone who’s under the age of 18 (a minor) is called statutory rape. However, since kissing is not a sexual act, would no laws apply to it? Thus only if an adult engaged in sexual acts with a minor, then the law would apply.
What’s the difference between statutory rape and rape?
How common is statutory rape?
Age of consent Consensual teenage sex is common in the United States. A 1995 study revealed that 50% of U.S. teenagers have had sexual intercourse by the age of sixteen. It is estimated that there are more than 7 million incidents of statutory rape every year. Laws vary in their definitions of statutory rape.
How serious is statutory rape?
In some states, statutory rape is a less serious felony while in others it is classified as a more serious felony offense. Misdemeanor offenses normally are punishable by less than a year in jail. The punishment for a felony offense can vary from just over a year for a less serious felony to many years in prison.
How many years can you get for statutory rape?
Statutory rape to have sexual intercourse with someone under age 16. One to 20 years in prison, but (1) 10 to 20 years if the offender is age 21 or older and (2) up to one year in prison if the victim is age 14 or 15 and the offender is no more than three years older.