Monday, February 7, 2011

Statutory Rape: Criminal Attorney States Its Ill Effects On Individuals

By Darryl Moore


As per the FBI definition, statutory rape is described as non-forcible sexual intercourse with a particular person who is younger than the statutory age of consent. The specific ages for these laws and regulations vary greatly from state-to-state, as do the punishments for offenders. Many states do not use the actual term "statutory rape," simply calling it rape or unlawful sexual penetration amid a variety of other titles. These laws and regulations seldom apply simply to intercourse, but rather to any type of sexual contact. Dating someone without sexual contact cannot be considered a form of statutory rape, and it is rarely illegal. All states present an "age of consent," or an age where a person can legitimately agree to intercourse and may then no longer be a victim of statutory rape.

Most legislatures include statutory rape conditions in statutes that reprimand several different types of sexual assault. Statutory rape is different from other forms of rape in that force and absence of consent are usually not required for indictment. A defendant may be found guilty of statutory rape even if the complainant explicitly consented to the sexual contact and no force was applied by the actor. In comparison, various other rape usually takes place whenever a person overcomes some other individual by force and without having the person's permission.

Most states do not refer particularly to statutory rape; rather they make use of designations such as sexual assault or sexual abuse to identify banned activity. Whatever the designation, these crimes are based on the assumption that until a person actually reaches a specific age, he is legally not capable of consenting to sexual intercourse. Thus, rather than including force as a criminal element, these crimes make it illegal for anybody to engage in sexual intercourse with anyone below a particular age, other than his husband or wife. The age of consent may differ by state, with many states, including Connecticut, setting it at age 16. The age of consent in some other states ranges from ages 14 to 18.

When such cases hit the courts, it is generally since the activity has been discovered in such a way about make ignorance lawfully actionable, or simply because someone is pressing a case through. Instructors and school counselors, for instance, are by law required to file child abuse, which includes underage sexual activity and molestation, to authorities. Or, a member of family may bring charges because he or she disapproves of the relationship.

The stringent administration of statutory rape laws is the latest in a number of corrective steps that states have used lately in an attempt to pressure people to change their sexual as well as reproductive action. There's been significant doubt as to whether other like proposals (e.g., the so-called family limit, which denies extra cash benefits to ladies who bear kids while on welfare) will accomplish their stated goals - lower birthrates among women likely to require public assistance and lowered welfare caseloads and expenses. Likewise, there's prevalent skepticism as to whether the utilization of statutory rape laws could have an evident consequence on teenage pregnancy and birth rates or with the number of young women who have sexual interactions with grownup men.




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