Carolyn cocca explores how, throughout the history of the united states, the. In the wyoming, it is illegal for an adult someone 18 or older to have sex with a minor someone younger than 17, even if the sex is consensual. Legislative branch statutory law introduction to legal. The rape of a slave could be prosecuted only as damage to the owners property. These crimes are felonies subject to the structured sentencing law with minimums and maximums depending on aggravating and mitigating factors and the. Statutory rape is different from other types of rape in that force and lack of consent are not necessary for conviction. At the center of a longstanding debate on whether its commission should require proof of a criminal mens rea, the prosecution of statutory rape offers a revealing look at the struggle to demarcate the parameters of the public welfare offense. Carolyn cocca explores how, throughout the history of the united states, the regulation of sexual. Rape is defined as the penetration, however slight, of the oral, anal or vaginal opening with a penis accomplished under any one 1 of the following circumstances. Yet for most of our history, that is precisely what americans have been doing. The politics of statutory rape laws in the united states ebook written by carolyn cocca. Alan sandomir, john butler, in rape investigation handbook second edition, 2011. Wyomings statutory rape laws and potential penalties. Statutory rape a guide to state laws and reporting requirements department of health and human services by asaph glosser, karen gardiner, et al.
Statutory rape in us legal definition of statutory rape. Although the term rape has traditionally applied to the male use of force in sexual relations with females, applicable laws have been revised in many jurisdictions to include possibilities where a male is the victim. If a man has sex with you and you are younger than sixteen years old, which is the age of consent, he can be charged with statutory rape, regardless of whether you agreed to have sex with him or not. Statutory rape laws and ages of consent in the us washington post. Strong correlative effects have been found between public opinion and. Download for offline reading, highlight, bookmark or take notes while you read jailbait. Statutory rape essays what is happening to the relationships we once thought were all ok. Gender, sexuality, and statutory rape laws michigan feminist studies, 16, summer 2002. Historically, the offence of rape was concerned particularly with the theft of virginity, abduction, and forced marriage temkin, 2002. Rape laws vary across the united states jurisdictions. Statutory rape law and enforcement in the wake of welfare. Statutory rape laws are made at the state level of governance.
He would come by her school and they would talk while she waited for her bus. Statutory rape is what is known as a strict liability crime. Laws, though variable, define when an individual is capable of making sexual activity decisions. Romeo and juliet laws are clauses built into statutory rape laws in some states. Statutory law in the united states consists of the laws passed by the legislature. Such cases are known as statutory rape, and evidence of consent is not deemed relevant in court. The politics of statutory rape laws in the united states. Womens long battle to define rape the washington post.
However, rape is federally defined for statistical purposes as. Statutory rape laws also serve to protect innocent children from being preyed upon by older individuals. Statutory rape a guide to state laws and reporting requirements department of health and human services. Public laws relate to the general public, while private laws relate to specific institutions or. In ohio, it is illegal for an adult someone 18 or older to have sex with a minor someone younger than 16, even if. He had originally been added after having been convicted of statutory rape. The laws are based on the inherent concerns of power dynamics in a relationship associated with age and authority. Feb, 2004 the pros and cons of statutory rape laws a 10 year sentence for marcus dwayne dixon. As described in the first chapter of this text, statutory rapes involve situations where there has been sexual intercourse and one of.
It discusses the ages of consent in the united states. Statutory rape offenders may use hierarchical social constructs based on age to willfully and intentionally take advantage of a minors subservience. The politics of statutory rape laws in the united states is in contract at the state university of new york press. Statutory rape laws also serve to protect innocent children from being preyed upon by older. These laws carve out a different set of rules where the offender is only slightly older than the minor. 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 guide to state laws and reporting requirements exploring community responses to statutory rape exploring community responses to statutory rape state experience and perspectives on reducing outofwedlock births.
Statutes governing ohios age of consent, associated criminal charges, available defenses, and penalties for conviction. Oct 12, 2018 and for information about rape between spouses, see our article on marital rape laws. Zach anderson, statutory rape laws, and the history of age. Today it is recognized and treated as a criminal act in most states. In the first booklength study of such laws, cocca reflects on their historical context, and, more important, she documents and analyzes important changes that. 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. Statutory rape laws originated in thirteenthcentury england and at that time prohibited sexual relations between adults and girls under the age of twelve. The age at which its not statutory rape for anyone except a relative or someone in a particular sort of position of authority to. Carolyn cocca explores how, throughout the history of the united states, the regulation of sexual behavior was seized upon as a means to. Dec 23, 2019 statutory rape laws are made at the state level of governance. Statutory rape in us legal definition of statutory rape in us. For detailed information about statutory rape, including statespecific laws, see statutory rape laws and penalties.
Rape is an unfortunate occurrence that has bedevilled legal systems and it is the most serious sexual offence in english criminal law. The encyclopedia of juvenile delinquency and justice. A guide to state laws and reporting requirements statutory rape. Examines the development of statutory rape laws in the united states. 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. 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. This isnt the first time the confederate flag symbol. On statutory rape, strict liability, and the public welfare offense model abstract statutory rape. Rochelle millerfrazier your life reimagined book series by celexy. Table 1 shows statutory rape laws, including penalties, by state.
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. Statutory rape is defined as sexual intercourse between a person 18 years or older and a person under the age of legal consent. Carolyn cocca is a law professor at suny old westbury. Original essays cover juvenile sex in history, as well as trends such as statutory rape laws, teen pregnancy, media portrayals of adolescent sexuality, and sex.
The pros and cons of statutory rape laws a 10 year sentence for marcus dwayne dixon. Spring has finally sprung for good, and to paraphrase tennyson, in spring a young persons thoughts turn to love. Todays statutory rape laws prohibit sexual intercourse with an unmarried per son under the age of consent, which varies depending on the state. It discusses the ages of consent in the united states chapter 1 analyzes the general history of statutory rape policies in the u. The first booklength study of american statutory rape laws, jailbait investigates. Statutory rape law and enforcement in the wake of welfare reform. This agegap exception to statutory rape law is meant to protect the older of two sexually active teenagers from prosecution. Statutory rape laws in historical context suny press. The first book length study of american statutory rape laws, jailbait investigates the doubleedged nature of legislation aimed at both protecting and punishing adolescent sexuality. Some of the same factions that urged repeal of statutory rape laws in the.
A defendant may be convicted of statutory rape even if the complainant explicitly consented to the sexual contact and no force was used by the actor. Romeo and juliet laws typically reduce or eliminate the statutory rape penalty in many cases, though the laws vary by state. Jan 26, 20 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. Statutory rape laws by state connecticut general assembly. In order to prove rape is a disgusting and unnecessary crime, the following essay will consist of the history, laws, the costs involved, health effects, and the opposing sides beliefs. The problems with statutory rape essay examples 1006.
On statutory rape, strict liability, and the public. Statutory rape law, past and present throughout history, societies have used statutory rape laws to accomplish a variety of normative goals. The politics of statutory rape laws in the united states is a 2004 non fiction book by carolyn cocca, published by the state university of new york press. Reevaluating modern statutory rape law michelle oberman introduction during the spring of 1993, a group of, teenage boys who called themselves the spur posse combined adolescent competitiveness and sexual bravado to develop a game in which members of the group. The laws began to change in the 19th and 20th century when feminists of the social purity movement like josephine butler. If both gary and michelle used false identification to enter the nightclub, and both gary and michelle are under the age of legal consent, both could be prosecuted for and convicted of statutory rape in most jurisdictions because modern statutory rape statutes are genderneutral. The age difference allowed by romeo and juliet laws varies by state, though it is generally not more than. On statutory rape, strict liability, and the public welfare. Dec 02, 2015 this agegap exception to statutory rape law is meant to protect the older of two sexually active teenagers from prosecution. May 09, 2014 furthermore, since individuals under the age of 18 can get married with parental permission in n. The law mandates that even if he or she willingly engages in sexual intercourse, the sex is not consensual. The age at which individuals are considered to give consent is called the age of consent.
One variation of rape, called statutory rape, makes it unlawful to have sex with a minor under the age of consent, which is usually between 16 and 18, even if the minor consents to the sex. Statutory rape laws are not a recent legal construct. Zach anderson, statutory rape laws, and the history of age from. Michigan lawmaker denies wearing confederate flag mask, calls it history, then apologizes. Statutory rape, in many jurisdictions, nonforced sexual relations between an adult and an individual who legally is not old enough to consent to the behavior. 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. Romeo and juliet laws definition, examples, cases, ages. What are these relationships that are so appalling, that its illegal. Statutes governing wyomings age of consent, associated criminal charges, available defenses, and penalties for conviction. Statutory rape or sexual offense of person age, 14, or 15 is intercourse with someone age, 14, or 15 when the actor is 1 at least six years older and 2 between four and six years older. These laws address situations in which two individuals who are close in age, and one of whom is not yet of legal age, engage in consensual sexual relations. A pregnancy can occur from either a forcible rape or a statutory rape. These acts are designated as public laws or private laws.
She says that the united states earliest statutory rape laws werent really about age but preventing outofwedlock sex. Once upon a time, the crime of rape was not considered a crime if the perpetrator was a husband and the victim was a wife. Sep, 20 redefining rape sexual violence in the era of suffrage and segregation by estelle b. To address potential statutory rape situations where two people are close in age, a number of states have enacted what are sometimes called romeo and juliet laws. Romeo and juliet laws definition, examples, cases, ages, by. Californias original statutory rape law dates from 1872, but the. For example, california, maryland, missouri, nevada, and new york reserve their harshest statutory rape penalty for offenders who are age 21 or older. For the federal government, then, the statutory law is the acts passed by the united states congress. List of books and articles about statutory rape online research. There will be investigations involving pregnancies and fetal tissue as evidence. Chapter 1 analyzes the general history of statutory rape policies in the u. It is considered to be a relationship with a boy or girl that is under the age of 18, who are wron. Romeo and juliet laws address the issue of consensual sex between teens and young adults. My daughter met a 21yearold man when she was years old.
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. Statutory rape is prosecuted under wyomings sexual abuse laws, and penalties depend on the age of the parties and the type of sexual contact that occurred, as described below. However, in the vast majority of statutory rape scenarios, the age difference between victim and offender is greater than six years, suggesting that these offenders do qualify as child predators and should be treated as such. 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. Nov 07, 2019 statutory law in the united states consists of the laws passed by the legislature. List of books and articles about statutory rape online. Example of statutory rape open textbooks for hong kong. Redefining rape sexual violence in the era of suffrage and segregation by estelle b. 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. Commonly known as romeo and juliet laws, if the victim is between 1416 years old and the defendant is 18 years years old or no more than four years older than the victim, he or she will only face misdemeanor charges. As a matter of law, rape could be committed only against a citizen in good standing.