NCJ Number
54230
Journal
Victimology Volume: 3 Issue: 1-2 Dated: (1978) Pages: 205-215
Date Published
1978
Length
12 pages
Annotation
AN OVERVIEW OF STATUTORY RAPE LAW IN THE UNITED STATES-DEFENSES TO STATUTORY RAPE CHARGES, SUMMARIES OF STATE LAWS, REFORM TRENDS--IS PRESENTED
Abstract
STATUTORY RAPE IS A LEGAL CATEGORY OF POTENTIALLY GREAT SCOPE. DEPENDING ON DEFINITIONS, IT CAN ENCOMPASS ACTS OF SEXUAL INTERCOURSE BETWEEN A 40-YEAR-OLD PERPETRATOR AND AN 11-YEAR-OLD VICTIM, AND BETWEEN A 16-YEAR-OLD AND A 15-YEAR-OLD. IN SOME STATES, YOUTHS WHO ENGAGE IN CONSENSUAL SEXUAL INTERCOURSE WITH SOMEONE ONLY SLIGHTLY YOUNGER THAN THEY ARE FACE CRIMINAL RESPONSIBILITY COMPARABLE TO THAT FACED BY PERSONS CHARGED WITH FORCIBLE RAPE. LIMITED DEFENSES TO CHARGES OF STATUTORY RAPE INCLUDE THE ACTOR'S MISTAKEN BELIEF REGARDING THE VICTIM'S AGE, THE VICTIM'S PRIOR 'UNCHASTE' CHARACTER, AND THE ACTOR'S PHYSICAL INABILITY TO ACCOMPLISH PENETRATION. THE EXTENT TO WHICH THE AVAILABILITY OF THESE DEFENSES VARIES FROM STATE TO STATE IS NOTED, AND CASES ILLUSTRATING EACH DEFENSE ARE CITED. A NUMBER OF STATES HAVE BEGUN TO REVISE THEIR STATUTORY RAPE CODES, GENERALLY LOWERING THE AGE OF CONSENT, NEUTRALIZING DEFINITIONS (DOING AWAY WITH THE REQUIREMENT THAT THE ACTOR MUST BE MALE AND THE VICTIM FEMALE FOR A STATUTORY RAPE TO OCCUR), AND/OR DIFFERENTIATING THE SEVERITY OF THE OFFENSE TO REFLECT THE DEGREE OF DISPARITY IN THE AGES OF THE PERSONS INVOLVED. A FEW STATES HAVE EXTENDED THE DIFFERENTIATION CONCEPT TO CREATE STATUTORY 'FREE ZONES,' WHICH ESSENTIALLY DECRIMINALIZE ACTS OF CONSENSUAL SEXUAL INTERCOURSE BETWEEN YOUTHS OF SIMILAR AGES. SUMMARIES OF THE PROVISIONS OF STATE STATUTORY RAPE LAWS ARE INCLUDED. (LKM)