State rape offenses describe the age at which a person can legally consent to sexual activity. This section deals with laws relating to sexual intercourse.10Table 1 summarizes, where applicable, the following laws: States that set a minimum age for the accused also tend to have minimum age requirements for the victim. Often, the age of the accused is only relevant if the victim is over the minimum age. Posting Requirements: Non-farm employers must also post the minimum wage sign published by the Ministry of Labour with minimum age requirements in a conspicuous place on the construction site. Minimum age. In 27 states that do not have a uniform age of consent, laws set the age at which a person cannot have legal sex, regardless of the age of the accused (see second column of table 1). The minimum age in these states ranges from 10 to 16 years. The legality of sexual intercourse with a person over the minimum age and under the age of consent depends on the age difference between the two parties and/or the age of the defendant. This report focuses on laws that criminalize intentional sexual acts with a minor that would be legal without the age of one or more of the participants. The report does not include laws where the legality of sexual acts depends on the relationship of the participants (e.g., incest, sexual relations between teachers and students, or doctors and patients).
In addition, the summaries do not include laws that criminalize specific sexual behaviours (e.g., bestiality, sodomy) or that primarily address prostitution, sexual exploitation[7] or temptation. Each state`s reporting obligations identify specific individuals who are required to inform authorities of alleged abuses. Although it varies from state to state, mandated rapporteurs are usually people who meet children through their professional abilities. In Pennsylvania, the law requires everyone who faces abuse because of their job skills to report it. More commonly, a state law refers to a number of specific professions.29 Common occupations include: physical and mental health care providers, teachers, child care providers, legal professionals (e.g. judges, judges, lawyers, law enforcement officers), clergy, and government officials who care for children and families.30 In addition, some states designate anyone who cares for or deals with children as a mandatory reporter (e.g., Alabama, Missouri, Montana). In 18 states, anyone suspected of having been abused must report it to the appropriate authorities.31 In other states, there are fewer limits on the applicability of reporting requirements to legal rape. Often, these restrictions are based on the age of the victim and/or accused. For example, in California, any sexual activity with minors is illegal.
However, reporting requirements only apply to violations of certain crimes – including those involving victims under the age of 16 where there is a particularly large age difference between the two parties.27 27 Although reporting requirements in many states relate to one or more state laws on rape, California is an exception. because reporting obligations are contained in the same article of the laws (the Penal Code) as the criminal laws dealing with sexual activities with minors. 14 It is illegal to engage in a sexual act with a person under the age of 14, regardless of the age of the accused. However, sexual contact or sexual contact with anyone under the age of 14 is legal in certain circumstances. Unlike most rape laws, where violence is a key element of the crime, legal rape laws assume that any sexual activity with people under a certain age constitutes coercion, even if both parties believe their participation is voluntary. In general, legal rape laws define the age at which a person is legally incapable of consenting to sexual activity. For example, the Idaho Supreme Court has defined the ability to give legal consent, including: (1) the ability to recognize the potential consequences of sexual intercourse and, given that understanding, (2) the ability to make a conscious choice. [4] 13 Sexual intercourse with a woman under the age of 18 is illegal, regardless of the age of the accused.
However, sexual acts that do not constitute penetration are legal in certain circumstances if the victim is at least 16 years old. A common misconception about legal rape is that state codes define a single age at which a person can legally consent to sex. Only 12 states have a uniform age of consent, below which a person cannot consent to sexual intercourse under any circumstances, and above which it is legal to have sexual intercourse with another person beyond the age of consent. In Massachusetts, for example, the age of consent is 16. Once a person reaches the legal age of their state, they can enter into legally enforceable agreements. Minors do not have the legal capacity to enter into a binding contract. However, an agreement entered into when a person was a minor may be ratified, expressly or implicitly, upon reaching the age of majority, so that it becomes valid and enforceable. The legal age of majority is distinct from the legal age of license. The legal driving age is the minimum age a person must reach to legally participate in certain activities, such as drinking alcohol, voting or driving. The legal age of license varies by activity and jurisdiction and may, but is not obligatory, coincide with the age of legal majority. The age at which each person is considered an adult is called the age of majority and is generally 18. In addition, some States allow minors who live apart from their parents and provide for them to be “emancipated”.
This means that the minor is treated as an adult for legal purposes. The minimum age for adulthood or emancipation is sometimes set by statute, but is often set by common law. Age difference. In 27 countries, the legality of sexual intercourse with minors is based, at least in certain circumstances, on the age difference between the two parties (see third column of table 1). In 12 of these states, legality is based solely on the age difference between the two parties. For example: 12 Sexual acts with persons who are at least 16 years of age are illegal only if the accused is 30 years of age or older. State laws regarding minors identify the “age of majority” in each state (usually 18), whether a minor can be legally “emancipated,” and the minors` ability to sue and consent to medical treatment. Select a link from the list below for country-specific information about minors and the law. 10 In some cases, a state`s laws on sexual intercourse do not coincide with one or more of its laws on other types of sexual acts.
For example, in South Dakota, sexual penetration with a person between the ages of 10 and 16 is illegal unless the defendant is less than 3 years older than the victim. However, sexual interference with a person under the age of 16 is unlawful regardless of the age of the defendant (in State v. Darby, 556 N.W.2d 311, 127 (SD 1996), the South Dakota Supreme Court held that these two offences may be mutually exclusive). These cases are identified in the corresponding situation summaries. The laws of each of the 50 states and the District of Columbia were the primary sources of information for this report. Each state`s laws were accessible via the internet – usually through the state legislature`s website. At the time of writing, all laws were in force until at least 2003. This report is not a legal document. It shall be based on the most recent information available; However, many of the state laws mentioned were not commented. However, every effort has been made to seek additional resources to learn about recent changes in applicable law or jurisprudence and prosecutors` general views on legislation. In some countries, there are few specific circumstances in which crimes involving no person responsible for a child are considered reportable crimes.
In Minnesota, for example, such a case is a reportable crime only if the journalist suspects that a defendant has sexually abused two or more children who are not related to the accused in the past 10 years. Rhode Island law requires reporting of non-family matters only in two situations: (1) if the defendant is under 18 years of age; or (2) if the designated reporter is a physician or nurse treating a child under 12 years of age who has been infected with a sexually transmitted disease. In Iowa, reporting requirements only apply to cases involving a custodian of the child in question. However, a separate provision obliges mandated rapporteurs to inform the competent authorities of all cases of sexual abuse involving a victim under the age of 12, regardless of the relationship of the accused to the victim. For clarity, the report also uses uniform labels for participants in the violations discussed. The term “accused” refers to the accused or person who would be prosecuted under the law in question. “Victim” means the person against whom the act is alleged to have been committed.