Difference between revisions of "Statutory Rape"
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==Background== | ==Background== | ||
| − | Statutory rape is the "unlawful sexual intercourse with a person under the age of consent (as defined by statute), regardless of whether it is against that person's will."<ref>Black's Law Dictionary, 9th edition (2009)</ref> Generally, it is only the person over the age of consent who is convicted of a crime of statutory rape. Statutory rape is often a strict liability crime, meaning that mistake as to the age of the person is not a valid defense.<ref>Stephanie A. Giggetts, Rape: Mistake as to the age of the female, American Jurisprudence, Second Edition (2010)</ref> | + | Statutory rape is the "unlawful sexual intercourse with a person under the age of consent (as defined by statute), regardless of whether it is against that person's will."<ref>Black's Law Dictionary, 9th edition (2009)</ref> Generally, it is only the person over the age of consent who is convicted of a crime of statutory rape. Statutory rape is often a strict liability crime, meaning that mistake as to the age of the person is not a valid defense.<ref>Stephanie A. Giggetts, Rape: Mistake as to the age of the female, American Jurisprudence, Second Edition (2010)</ref> The intention of many legislatures in adopting statutory rape as a strict liability crime was to protect minors of a specific age. Many legislatures believe that juveniles under a certain age are unable to appreciate the full magnitude and consequences of their actions, and thus cannot lawfully consent to sexual intercourse.<ref>Stephanie A. Giggetts, Rape: Statutory Rape, American Jurisprudence, Second Edition (2010)</ref> |
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| + | ==Model Penal Code== | ||
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| + | The Model Penal Code address the crime of statutory rape with section 213.3, corruption of minors and seduction. Under 213.3, a "male who has sexual intercourse with a female not his wife, or any person who engages in deviate sexual intercourse or causes another to engage in deviate sexual intercourse, is guilty of an offense if: | ||
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| + | (a) the other person is less than [16] years old and the actor is at least [four] years older than the other person; or | ||
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| + | (b)the other person is less than 21 years old and the actor is his guardian or otherwise responsible for general supervision of his welfare." | ||
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| + | An offense under section 213.3(a) is a felony in the third degree whereas an offense under section (b) is a misdemeanor.<ref> Model Penal Code, § 213.3, Corruption of Minors and Seduction (2001)</ref> | ||
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Revision as of 00:43, 29 January 2011
Background
Statutory rape is the "unlawful sexual intercourse with a person under the age of consent (as defined by statute), regardless of whether it is against that person's will."[1] Generally, it is only the person over the age of consent who is convicted of a crime of statutory rape. Statutory rape is often a strict liability crime, meaning that mistake as to the age of the person is not a valid defense.[2] The intention of many legislatures in adopting statutory rape as a strict liability crime was to protect minors of a specific age. Many legislatures believe that juveniles under a certain age are unable to appreciate the full magnitude and consequences of their actions, and thus cannot lawfully consent to sexual intercourse.[3]
Model Penal Code
The Model Penal Code address the crime of statutory rape with section 213.3, corruption of minors and seduction. Under 213.3, a "male who has sexual intercourse with a female not his wife, or any person who engages in deviate sexual intercourse or causes another to engage in deviate sexual intercourse, is guilty of an offense if:
(a) the other person is less than [16] years old and the actor is at least [four] years older than the other person; or
(b)the other person is less than 21 years old and the actor is his guardian or otherwise responsible for general supervision of his welfare."
An offense under section 213.3(a) is a felony in the third degree whereas an offense under section (b) is a misdemeanor.[4]
See Crimes
Notes
<references>
- ↑ Black's Law Dictionary, 9th edition (2009)
- ↑ Stephanie A. Giggetts, Rape: Mistake as to the age of the female, American Jurisprudence, Second Edition (2010)
- ↑ Stephanie A. Giggetts, Rape: Statutory Rape, American Jurisprudence, Second Edition (2010)
- ↑ Model Penal Code, § 213.3, Corruption of Minors and Seduction (2001)
