Although laws first arose from concern about girls having sexual intercourse with men, most laws now. Womens long battle to define rape the washington post. Over 95% of statutory rape cases involve a male offender and a female victim. Most address the age at which a minor can agree to sex consent, the acceptable age difference for sexual relations between a minor and adult, and to what extent the adult is in a position of authority e. Statutory rape laws vary by state, with states setting the age of consent differently. Statutory rape laws always place blame on the older of the two in the couple. Sometimes referred to as jackrolling, gang rape is described by researchers as a youth phenomenon, stemming from a history of class and race structures, and unemployment, of the 1980s. Legislative branch statutory law introduction to legal. In missouri, mistake is not a defense to a charge of first degree statutory rape or sodomy or.
Statutory rape laws by state connecticut general assembly. Statutory rape laws and ages of consent in the us washington post. Getting legal guidance the information in this article provides an. Please choose a state from the map or the list below for statespecific definitions and statutes for, including in depth. Examining the details and purposes of a particular societys laws against statutory rape can reveal a great deal about that societys conception of gender roles, morality, and. Statutory rape refers to sexual relations involving someone below the age of consent. Although it usually refers to adults engaging in sexual contact with minors under the age of consent, it is a generic term, and very few jurisdictions use the actual term statutory rape in the language of. The assumption is that the older of the two manipulated the naive teenager into having sex with them. This is not something i like talking about, but i think its important for folks to understand the impact of statutory rape and what it really means. A common misconception about rape is that sex must be forced. Statutory rape is prosecuted under colorados sexual assault laws, and penalties depend on the ages of the defendant and victim, as described below. In most states, it is not a defense to a charge of statutory rape that the defendant mistakenly believed the child to be of age. It defined rape as sex without consent, with consent but under the fear of death or with consent but under false pretenses. The first booklength study of american statutory rape laws, jailbait investigates the doubleedged nature of legislation aimed at both protecting and punishing adolescent sexuality.
Statutory rape laws in historical context introduction todays statutory rape laws prohibit sexual intercourse with an unmarried person under the age of consent, which varies depending on the state. Carolyn cocca explores how, throughout the history of the united states, the regulation of sexual behavior was seized upon as a means to alleviate larger problems. Read these statutory rape controversies sex crimes. It makes no mention of rape as a crime against a male, since section 377 the one that makes gay sex illegal covers that already. For the federal government, then, the statutory law is the acts passed by the united states congress. Sessions, a unanimous supreme court held that in the context of statutory rape offenses that criminalize sexual intercourse based solely on the ages of the participants, the generic. The realities of enslaved female africans in america. However, statutory rape laws make it illegal to have sex with a minor even if the minor gives their consent. Meaning if two year olds have sex, they are both breaking the law. The crime typically involves an underage participant who willingly engages in sexual relations. As an after affect, these laws may have added to a stigma of girls under 16 being seen as taboo or out of bounds, and that may have lead to even less girls getting married that young.
The effect of statutory rape laws on teen birth rates. The court opined that statutory rape laws had been on the books for many years and so it was a little bit late in the history of such laws to now. Statutory rape facts statutory rape is a generic term referring to sexual relations between a person who is at or over the legal age of consent and a person who is legally a minor. Firstdegree rape for someone age 16 or older to have sexual intercourse with someone under age 12. Each of the three other chapters discusses a particular aspect of the revisions and adoptions. Statutory rape laws disproportionately target males over females. List of books and articles about statutory rape online.
Yesterday, the united states supreme court overruled the laws of 20 states by allowing criminal aliens to sexually abuse 16 and 17 yearold minors without facing the risk of deportation. Such cases are known as statutory rape, and evidence of consent is not deemed relevant in court. Chapter 1 analyzes the general history of statutory rape policies in the u. A slave who defended herself against the attack of a white person was subject to cruel beatings by either the.
In 1997 laws were amended to criminalize marital rape, incorporate genderneutral language, and recognize the effect of psychological coercion. Most laws on this subject are state rather than federal ones. My daughter met a 21yearold man when she was years old. Indians and blacks, as well as their children, were prohibited by law from defending themselves against abuse, sexual and otherwise, at the hands of whites. The evolution of antirape laws in india since 1860. However, with statutory rape, no force is required to be in violation of the law. Statutory rape is defined as sexual intercourse between a person 18 years or older and a person under the age of legal consent. Statutory rape is a strict liability crime, meaning that the intention of the parties is not considered and as such mistake of age is usually not allowed as a defense. Carolyn cocca explores how, throughout the history of the united states, the regulation of sexual behavior was seized upon as a means to alleviate larger problems, be they moral, social, political, or economic.
Rape in germany is defined by section 177 of the criminal code of germany. This is true even in situations where they signal their agreement. Limon would have also been granted the sentencing protections of the romeo and juliet laws attached to existing statutory rape legislation, only the law did not apply to homosexual couples. Statutory rape laws are not a recent legal construct. Many teens are concerned about the laws regarding something commonly called statutory rape. First, legal remedies such as laws on criminal seduction and statutory rape made it easier to prosecute coercive but nonviolent sexual relations with acquaintances. Supreme court unanimously overrules statutory rape laws in. In common law jurisdictions, statutory rape is nonforcible sexual activity in which one of the individuals is below the age of consent the age required to legally consent to the behavior. Usually people think of the word rape as meaning a forcible sexual encounter. In the first booklength study of such laws, cocca reflects on their historical context, and, more important, she documents and analyzes important changes that. These acts are designated as public laws or private laws. The politics of statutory rape laws in the united states 9780791459065.
It discusses the ages of consent in the united states. However, there exist numerous variations between rape laws amongst the states. The case provoked broader discussions about teenage sexuality in the age of the internet and the longterm repercussions of statutory rape laws that brand teenagers as sex offenders. The age at which individuals are considered to give consent is called the age of consent. Ncjrs abstract national criminal justice reference service. Colonial laws regarding statutory rape were not applied to blacks and indians. Statutory rape laws are based on the premise that an individual is legally incapable of consenting to sexual intercourse until that person reaches a certain age. Statutory rape law, past and present throughout history, societies have used statutory rape laws to accomplish a variety of normative goals. Statutory law in the united states consists of the laws passed by the legislature. This book presents a compilation of numerous interviews with girls and women in detroit gangs.
If the defendant is at least six years older than the victim, the offense is sentenced as a class b1 felony. List of books and articles about rape online research. This can become a problem when a 15 and 17 year old are dating. According to arizona law, consensual sexual intercourse with an individual under the age of 18 is considered statutory rape. Zach anderson, statutory rape laws, and the history of age. Statutory rape laws the term statutory rape is used when the government considers people under a certain age to be unable to give consent to sex and therefore consider sexual contact with them to be a rape. The redefinition of rape by the soa 2003 is provided for in section 1 which is to the effect that, 1 rape 1 a person a commits and offence if. The history and rationale behind statutory rape laws is discussed. The victim is deemed legally incapable of consenting if she or he is known to be mentally incompetent, intoxicated, drugged, or below the age of consent at the time of the rape.
A case law study of sexual assaults against adolescent girls isabel grant, janine benedet isabel grant is a professor at the peter a. The laws about statutory rape are complex and diverse. Public laws relate to the general public, while private laws relate to specific institutions or. Many teens are concerned about the laws regarding statutory rape. History of statutory rape laws statutory rape laws originated in thirteenthcentury england and at that time prohibited sexual relations between adults and girls under the age of twelve. Statutory rape laws in historical context suny press. Colorados statutory rape laws and potential penalties.
The politics of statutory rape laws in the united states. The overwhelming majority of states set the age of consent at 16 or 17, not 18. In texas, it is considered statutory rape to have sex with someone under the age of 17. Cocca looks at new jersey, california and georgia and how and why their statutory rape laws changed in the 20th century. It also defined statutory rape as sex with a woman under the age of 16. Statutory rape laws have existed for thousands of years in one form or another, with some authors arguing that they appear in the ancient code of hammurabi. The definition of rape has changed over time from its original formulation in the penal code established in 1871, as extramarital intercourse with a woman by force or the threat. Seconddegree rape for someone age 16 or older to have sexual intercourse with someone between age 12 and 16, when the actor is at least two years older. That convention in the developed world was already in place before statutory rape laws were added to the books.
The 17 yr old will get in trouble for statutory rape even though they are both under 18. If you are raped by two or more people, this is gang rape. The politics of statutory rape laws in the united states is a 2004 nonfiction book by carolyn cocca, published by the state university of new york press. Allard school of law at the university of british columbia. List of books and articles about statutory rape online research. People who are underage cannot legally consent to having sex, so any form of sexual activity with them violates the law. But under missouris laws, there are some other important potential defenses in statutory rape cases. What received less attention, however much it was lurking just beneath the surface of these conversations, was the function of age itself in what happened to zach. Traditionally, statutory rape laws were designed to protect the chastity of young women, but through the years, such laws have broadened to reflect a genderneutral restriction on sexual activities with young people. Todays statutory rape laws prohibit sexual intercourse with an unmarried per son under the age of consent, which varies depending on the state. The law mandates that even if he or she willingly engages in sexual intercourse, the sex is not consensual. While the crime is popularly called statutory rape, many states don.
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