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Statutory Rape - Sex Crimes Against a Minor
What is statutory rape? It is rape that happens when an adult engages in
sexually activity with a minor who is under the Age of Consent (AOC).
The Age
of Consent is the prescribed age when a person is deemed competent
enough to
consent to sexual activity.
Unlike
other types of rape, statutory rape does not
need evident force or threat to be called rape. It is assumed by law
that any
sexual activity with the minor is coerced since the minor is incapable
of
consenting to the sexual act.
Although
most cases of statutory rape involves an
adult having sex with a minor below the Age of Consent, some
jurisdictions also
apply statutory rape laws against two minors under the AOC who engage
in sexual
activities with each other.
Different
jurisdictions also have various
determining factors for the Age of Consent and may impose statutory
rape age
boundaries. An adult having sex with a 12-year old child and below can
be given
full statutory rape charges, while an adult engaging in sex with a
minor 13 to 16
years of age may only be charged with unlawful sex with a minor.
The
age difference between the participants can also
be taken into consideration as well as the adult’s position
of authority
relevant to the minor, that is, the adult is the minor’s
teacher, school
principal, coach, doctor, etc.
The
issue of what the right Age of Consent should be
is highly debated. Also, conflicts between child sex protection laws
and the
natural tendency of adolescents and teenagers to explore their
sexuality had
made many statutory rape cases controversial.
Statutory
Rape Laws and the Rationale Behind Them
There
are several underlying principles why statutory
rape laws are imposed by the state, although many of these are highly
debated
and even challenged by critics, philosophers, and activist groups.
- While
a person may already be biologically mature to desire a sexual act,
he/she may lack the mental maturity to choose who to engage in sex with.
- Minors
are economically, socially, and legally unequal to adults and this
inequality can impair their ability to refuse any sexual advancement
toward them without fear.
- Minors
are less likely to understand the risks of sexually transmitted
diseases and have less access to contraceptive methods.
- Minors
are less able to face the consequences of their sexual actions such as
raising a child. They also do not have the option of getting an
abortion without their parents’ consent.
- The
lack of consent of the victim in forced rape is one of the most
difficult to prove in court. Since statutory rape is considered a
heinous crime, the prosecution is relieved of the burden of proving the
lack of consent by the victim to the sexual act.
Statutory
Rape - When the Victim Comes of Age
Statutory
rape cases can take a while before being
resolved in court. At times, the victim may already have turned 18 and
no
verdict has come out yet. Nevertheless, the victim in spite reaching
the age of
majority still cannot drop the statutory rape charges against the
offender.
For
statutory rape, the case is not about the victim
versus the offender but the state versus the offender. It is the state
therefore and not the victim that pressed charges against the
perpetrator, and the
court can continue to prosecute the offender so long as it has enough
evidence. As such,
the victim cannot drop the charges
that he/she did not press to begin with.
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