When the general assembly recodified many of north carolinas sex laws in 2015, the recodified version of firstdegree statutory rape g. 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. This code outlined the governing of sexual activity and their penalties. 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. It is considered statutory rape to have sex with anyone under 17 years old in new york. However, there is a closeinage exception that allows for a 4 year age gap as long as the minor is older than 15. He had originally been added after having been convicted of statutory rape. Full text of historical development of the offence of rape.
Carolyn cocca explores how, throughout the history of the united states, the regulation of sexual behavior was seized upon as a means to. This allowed students to file title ix complaints when their cases were not. On july 17, 2015, the tougher penalties for child predators act bill c26 came into force resulting in an increase of the minimum and maximum penalties for convictions where the victim is under the age of 16 years. 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. Statutory rape laws in historical context suny press. My daughter met a 21yearold man when she was years old. In 20 writer and former lawyer betsy karasik penned a controversial article where she. If the defendant is at least six years older than the victim, the offense is sentenced as a class b1 felony. In the first booklength study of such laws, cocca reflects on their historical context, and, more important, she documents and analyzes important changes that. Search the history of over 431 billion web pages on the internet.
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. Zach anderson, statutory rape laws, and the history of age. In clause 34 it is specified that the penalty for having sexual relations with another mans wife whether. 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. In illinois, people who engage in consensual sexual activity with children under the age of 18 can be convicted of statutory rape also called sexual abuse or sexual assault people who engage in engage in sexual contact with other people of any age without their consent may face charges for sex crimes or assault.
Under penal code 261, california rape laws make it a defense to the crime if the alleged victim consented to have sex. 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. 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. 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. Feminist history of rape suzanne b rown executive d irector washington c oalition of s exual a ssault p rograms a nation is not conquered until the hearts of its women are on the ground. Sexual activity with children is also made criminal under child enticement laws. 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. List of books and articles about statutory rape online. Rape, in the course of warfare, also dates back to antiquity, ancient enough to have been mentioned in the bible.
The politics of statutory rape laws in the united states. Many teens are concerned about the laws regarding something commonly called statutory rape. Statutory rape definition is sexual intercourse with a person who is below the statutory age of consent. Statutory rape a a person commits the offense of statutory rape when he or she engages in sexual intercourse with any person under the age of 16 years and not his or her spouse, provided that no conviction shall be had for this offense on the unsupported testimony of the victim. Carolyn cocca explores how, throughout the history of the united states, the regulation of sexual. The laws about statutory rape are complex and diverse. 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. Those who break the law have committed statutory rape statutory rape laws are premised on the assumption that minors are incapable of giving informed consent to sexual activities. History of rape laws 1232 in japan the bakufu the shogon government created the joei code. In the united states, age of consent laws regarding sexual activity are made at the state level. Books about statutory rape what should i read next. Judges too frequently enforce statutory rape cases in ways that entrench stereotypes and biases. Statutory rape law and enforcement in the wake of welfare. Chapter 1 analyzes the general history of statutory rape policies in the u.
Statutory rape definition and laws samantha gluck the term, statutory rape, refers to sexual intercourse between two people that is deemed illegal because one of. According to the roman ius gentium law of nations or international law, inhabitants of a conquered town were spared personal violence if the war or siege ended through diplomatic negotiations. 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. 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. Statutory rape laws in california learn how the law is applied under penal code 261. This was explored at length by previous legal cheek journal contributor efa gough. 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. Throughout much of the history, rape in marriage was not a crime. The dear colleague letter of april 2011 was a letter from the department of educations office for civil rights that said the sexual harassment of students, including sexual violence, interferes with students right to receive an education free from discrimination and, in the case of sexual violence, is a crime. In certain circumstances that vary widely across the states, family planning providerswho are obligated under the federal title x program to provide confidential contraceptive services to teenagers on request. In may 2008, the canadian government passed a bill to raise the age of consent from 14 to 16, while creating a closeinage exemption for sex between 1415 year olds. Gang rape is still linked to a chauvinistic and distorted view that the man is more important than the woman, and that man is. Statutory rape reporting and family planning programs.
The age of consent is the age at which a person is considered to be legally competent to consent to sexual acts. Some might find it hard to believe, but the law is a lot better now. A brief history of sexual assault legislation timeline. Statutory rape laws and ages of consent in the us washington post. In the 19th century, state laws around the country defined rape as the carnal knowledge of a woman when achieved by force by a man other than her husband. In this controversial book, randy thornhill and craig palmer use evolutionary biology to explain the causes of rape and to recommend new approaches to its prevention. Many teens are concerned about the laws regarding statutory rape. Laws that make having sex with a minor under a given age a crime are on the books in every state, primarily to protect young females from sexual exploitation, especially by older men. In october of this year, thanks in part to a petition that circulated on, stories that went viral on twitter, facebook, and reddit, and a good deal of media attention, an indiana man named zach anderson was removed from the sex offender registry in two states. These laws carve out a different set of rules where the offender is only slightly older than the minor. States began passing laws in an effort to limit revictimization such as rape shield laws, which protected victims by significantly limiting the extent to which the defense could use the victims sexual history. Womens long battle to define rape the washington post. As previously mentioned, few sources are produced in the first place when researching child abuse and rape in the 1950s, so although it clearly existed, it was well hidden.
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. List of books and articles about statutory rape online research. Generally, statutory rape laws define the age below. According to thornhill and palmer, evolved adaptation of some sort gives rise to rape. There are several federal statutes related to protecting minors from sexual predators, but laws regarding specific age requirements for sexual consent are left to individual states, district of columbia, and territories. This book presents a compilation of numerous interviews with girls and women in detroit gangs. Criminal laws deal with the legality of sexual acts. Most cultures subscribed to the idea of the existence of conjugal rights to sexual intercourse with ones spouse, and, until well into the 20th century, most legal systems generally accepted, overtly or tacitly, that such rights could be taken by force, against the will of the wife.
Statutory rape definition of statutory rape by merriam. Cheyenne nation rape is an expression of a violent culture that uses gender. The first booklength study of american statutory rape laws, jailbait investigates the doubleedged nature of legislation aimed at both protecting and punishing adolescent sexuality. On summary conviction, the minimum penalty increased from 90 days to 6 months. Such cases are known as statutory rape, and evidence of consent is not deemed relevant in court. Consequently, an adult who engages in sexual activity with a person younger than the age of consent is unable to legally claim that the sexual activity was consensual, and such sexual activity may be considered child sexual abuse or statutory rape. Although laws first arose from concern about girls having sexual intercourse with men, most laws now. 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. Todays statutory rape laws prohibit sexual intercourse with an unmarried per son under the age of consent, which varies depending on the state. In texas, it is considered statutory rape to have sex with someone under the age of 17.
The first booklength study of american statutory rape laws, jailbait investigates. Statutory rape laws also serve to protect innocent children from being preyed upon by older individuals. In utah, it is illegal for an adult someone 18 or older to have sex with a minor someone 15 or younger, even if the sex is consensual. Examines the development of statutory rape laws in the united states. Carolyn cocca explores how, throughout the history of the united states, the. Firstdegree rape for someone age 16 or older to have sexual intercourse with someone under age 12. Up to 20 books are listed, in descending order of popularity. This brochure will explain what statutory rape is and how the laws could affect you. A guide to state laws and reporting requirements statutory rape. Statutory rape laws are not a recent legal construct. Age of consent law in canada refers to cultural and legal discussions in canada regarding the age of consent, which was raised in may 2008 as part of the tackling violent crime act. Then it is done, no matter how strong the weapons or how brave the warriors. The laws began to change in the 19th and 20th century.
List of criminal code amendments and sexual assault offence 2015 to present. Depending on the jurisdiction, the legal age of consent is between 16 and 18. The results over the last decade include the felony disenfranchisement of minors, incarceration. Statutory rape laws are meant to prevent minors from being sexually exploited by adults. Statutory rape laws assume that all sexual activities involving individuals below a certain age are coercive. Featured texts all books all texts latest this just in smithsonian libraries fedlink us genealogy lincoln collection. It discusses the ages of consent in the united states. A biologist and an anthropologist use evolutionary biology to explain the causes and inform the prevention of rape. This is true even if both parties believe their participation is voluntary. But if the army victoriously entered the town by force, the conquering men could and. The overwhelming majority of states set the age of consent at 16 or 17, not 18. 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. Statutory rape law and enforcement in the wake of welfare reform rigel oliveri the recent national efforts at reforming the welfare system and new research on the connection between teen pregnancy and statutory rape have led many states to enact stricter laws against statutory rape and to increase the enforcement of existing laws.638 1352 421 453 518 1225 919 1208 173 185 1420 358 525 631 447 1616 1404 1093 54 1329 1118 425 446 624 1012 138 1103 475 1373 276 92 231