Statutory Rape: A Minefield for Everyone
Posted on February 28, 2008
Filed Under Criminal Law, Sex Offenders |
Statutory rape is illegal sexual activity between two people when it would otherwise be legal if not for their age. Meaning, there’s a relation between two individuals, one of whom is under-age, and the relationship involves consensual sexual activity. A forced sexual relationship would be covered by an entirely different set of laws, i.e. rape, sexual molestation, etc. The danger in statutory rape is that both parties are consenting, the illegality is that one party is not a consenting adult.
Jamie Lynn Spears, the younger sister of Britney Spears, recently announced she was pregnant at the age of 16. There was talk of possible legal action against the father because the age of the man in question wasn’t known.
In California, the law states that any sexual activity with a person under the age of 18 is illegal, and if the perpetrator is over 21 years of age, then the penalties and sanctions are much more stiff. They are punishable by a year to four years in jail, not counting probation, fines, community service, etc. And since sex offenders tend to have little leniency either with the court or the public, an offender is sure to have to fulfill some portion of his/her jail time.
Here are some tips for both consenting adults and underage individuals:
Adults:
- Courts rarely, if ever, accept a “mistaken age” defense. If you break the law, don’t expect a jury and/or judge to be swayed if you say “he/she looked 18.”
- Oral sex is sex. There are no “rules” as to what qualifies as sexual contact in a court case, meaning that a defense based around what constitutes sex won’t fly. Any sexual contact is punishable by law, touching, oral, intercourse, anal, etc.
- Depending upon the severity of your crime (if convicted obviously) you will be entered into a variety of databases and may even be barred from living near a school, playground or park.
- Steer clear of individuals looking for a “dad.” Some of these relationships start innocently enough with juveniles trying to find “father figures” in their lives, however they can turn dangerous giving the proper situation. Reject all alone time with underage males/females, especially if they are having family problems, are from a broken home, have divorced parents or who seem to latch on to older teachers, pastors or authority figures.
- The laws are not in your favor; politicians have not passed laws to protect adults from unwanted advances from minors, rather the opposite is true. In essence, if indicted, you will be already a step behind due to the burden or proof, evidence and general wording of most laws.
Victims:
- Be aware of past predators, the individual you are in a relationship with may have prior relationships with underage victims. Here is a website to track past offenders in your neighborhood.
- If you’re in a relationship with an older individual and you truly care about that person, cut off any sexual activity as you are putting that person in harms way in terms of jail time.
- If you felt you have been coerced, talk to an authority figure, as police will believe a minor who comes in with a parent, teacher, clergyman, coach more readily than a teenager who comes in claiming an adult was coercive.
- The law is on your side, however you must still have proof.
- Don’t put yourself into situations where an adult can either be manipulative or where an adult, even a close adult, feels compelled to come on to you. Meaning don’t spend too much time with a teach of the same sexual orientation while wearing skimpy outfits or during emotional times. If you need to talk to someone, talk to a teacher who is the same gender, or a member of your local religious institution who is the same gender.
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2 Responses to “Statutory Rape: A Minefield for Everyone”
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You share some good tips for both sides of the fence in this post. However, I would add that it is not only members of the opposite sex that you must be aware of. When you say to talk to a same gender teacher, for example. The teacher could be gay or lesbian, too. Students should be aware of signs of sexual advances from either sex.
I would like to see you address the issue of young ladies using fake identification. If a man picks up a young lady in a bar can he reasonably expect that she is at least of legal drinking age? If that age is greater than the age for consensual sex, can he be accused of statutory rape if it is determined that she used a fake means of identification to be served in the bar?