Statutory Rape: Difference between revisions
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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> | 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> | ||
==Variation by Jurisdiction== | |||
'''California''' | |||
The California Penal Code section 261.5 addresses unlawful sexual intercourse with a person under 18. A minor under this statute is defined as someone under the age of 18. Any person who engages in an act of unlawful sexual intercourse with a minor who is not more than three years older or three years younger than the perpetrator, is guilty of a misdemeanor.<ref>California Penal Code, Title 9, Chapter 1, § 261.5(b)(2000)</ref> Any person who engages in an act of unlawful sexual intercourse with a minor who is more than three years younger than the perpetrator is guilty of either a misdemeanor or a felony. This charge is punishable by imprisonment for up to one year.<ref>California Penal Code, Title 9, Chapter 1, § 261.5(c)(2000)</ref> Any person 21 years of age or older who engages in an act of unlawful sexual intercourse with a minor who is under 16 years of age is guilty of either a misdemeanor or a felony. This crime is punishable by imprisonment in county jail for up to one year, or imprisonment in state prison for two, three, or four years.<ref>California Penal Code, Title 9, Chapter 1, § 261.5(d)(2000)</ref> | |||
In addition to the imprisonment terms, an adult who engages in unlawful sexual intercourse with a minor may also be fined a civil penalty, ranging from $2,000-$25,000USD. <ref>California Penal Code, Title 9, Chapter 1, § 261.5(e)(1)(2000)</ref> | |||
==Common Defenses== | |||
Because statutory rape is usually a strict liability crime, there are no defenses to the charge, other than a claim that the defendant did not perform the act itself (i.e. there is no actus reus). | |||
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Revision as of 23:57, 28 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]
Variation by Jurisdiction
California
The California Penal Code section 261.5 addresses unlawful sexual intercourse with a person under 18. A minor under this statute is defined as someone under the age of 18. Any person who engages in an act of unlawful sexual intercourse with a minor who is not more than three years older or three years younger than the perpetrator, is guilty of a misdemeanor.[5] Any person who engages in an act of unlawful sexual intercourse with a minor who is more than three years younger than the perpetrator is guilty of either a misdemeanor or a felony. This charge is punishable by imprisonment for up to one year.[6] Any person 21 years of age or older who engages in an act of unlawful sexual intercourse with a minor who is under 16 years of age is guilty of either a misdemeanor or a felony. This crime is punishable by imprisonment in county jail for up to one year, or imprisonment in state prison for two, three, or four years.[7]
In addition to the imprisonment terms, an adult who engages in unlawful sexual intercourse with a minor may also be fined a civil penalty, ranging from $2,000-$25,000USD. [8]
Common Defenses
Because statutory rape is usually a strict liability crime, there are no defenses to the charge, other than a claim that the defendant did not perform the act itself (i.e. there is no actus reus).
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)
- ↑ California Penal Code, Title 9, Chapter 1, § 261.5(b)(2000)
- ↑ California Penal Code, Title 9, Chapter 1, § 261.5(c)(2000)
- ↑ California Penal Code, Title 9, Chapter 1, § 261.5(d)(2000)
- ↑ California Penal Code, Title 9, Chapter 1, § 261.5(e)(1)(2000)
