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 that a child has been abused must notify the appropriate authorities.31 This report is intended to provide useful information to federal and federal policymakers interested in how state laws deal with legal rape. It is also intended to serve as a resource for HHS fellows to better understand their legal obligations regarding legal rape. As shown in the first column of Table 1, the age of consent varies from state to state. In most states (34), he is 16 years old.
In other countries, the age of consent is 17 or 18 (6 and 11 states respectively). In terms of criminal penalties for violations of the Age of Consent Act, Idaho distinguishes between men and women. It is one of the few states that makes a distinction on the basis of gender. Oberman notes that the rise of feminism has greatly influenced changes to legal rape laws. The laws remained largely unchanged until the late 19th century, when feminists sought to raise the age of consent to protect young women from potentially forced relationships. As a result of these efforts, the average age of consent has increased from 12 to 18. 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. 22 Most laws classify crimes according to the gravity of the crime (e.g., 1st, 2nd, or 3rd degree rape). State summaries identify cases where the gravity of a particular crime varies according to the age of the accused. For example, Georgian law considers the crime of legal rape to be a crime, unless the victim is 14 or 15 years old (the age of consent is 16) and the accused is not older than the victim, in which case the crime is only a misdemeanor. 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.  Most often, however, all acts will be illegal (with the same age requirements), but the severity of the penalty will vary depending on the type of sexual activity.
In Kentucky, for example, sexual activity with children under the age of 12 is illegal, regardless of the age of the accused. If the activities involve sexual contact, the accused is guilty of first-degree sexual assault (Class D felony); if it is sexual intercourse, the accused is guilty of first-degree rape (a Class A felony). To legally have sex in Idaho, both partners must be over the age of consent. Curiously, both commit a crime and are victims at the same time if both people are under the age of consent and have sex with each other. 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 could 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 Washington, the age of consent is 16, and for victims as young as 14 or 15, child rape laws apply if the perpetrator is at least four years older than the victim. 17 Under the offence of “debauchery of a minor”, it is unlawful to denigrate or corrupt morality by obscenely deceiving a person under the age of 17 into knowing another person in a carnal manner. In Idaho, the age of consent to sexual acts is 18. Simply put, people usually have to be over the age of 18 before they can legally engage in sexual behavior. Legal requirements for reporting rape are usually found in the sections of state codes dealing with minors, children and families, family relationships, or social services, while the penal or penal code deals with the legality of certain crimes. This section of the report summarizes States` obligations to report child abuse and the extent to which they address the issue of legal rape. It is divided into four subsections. Understanding the different terms used in a state law is especially important in states where a person may be legally able to consent to one type of sexual activity but not another. For example, Alabama`s laws regarding the legality of sexual activity with people under the age of 16 and over the age of 12 differ depending on the type of activity.
In cases involving sexual intercourse, defendants over the age of 16 who are at least 2 years older than the victim are guilty of second-degree rape. However, sexual touching is only illegal in cases where the accused is at least 19 years of age. Sexual assault is any type of sexual activity to which you have not consented. Assault is the unlawful touching of another person against their will. A person convicted of sexual assault or sexual assault can be sentenced to up to 20 years in prison, depending on the seriousness of the crime. This section summarizes some important provisions of state rape law.9 Subsection 1 examines the legality of sexual activity with minors (e.g., age of consent). Subsection 2 briefly describes the variety of crimes described in state laws. 11 Sexual intercourse with a person under the age of 16 is legal in certain circumstances. However, sexual interference with anyone under the age of 15 is illegal, regardless of the age of the accused.
In States where the definition of child abuse does not explicitly refer to legal rape, discrepancies between the legality of certain sexual activities and whether they are reportable crimes are more frequent. Consider the following examples: 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. State rape offenses describe the age at which a person can legally consent to sexual activity. This section focuses on laws related to sexual relations.10Table 1 summarizes the following values, if any: Age difference.