State Laws And Reporting Requirements Of Statutory Rape - Research Paper Example

State Laws And Reporting Requirements Of Statutory Rape “Statutory rape is a non forcible sexual intercourse with a person who is younger than the statutory age of the consent” as per the FBI definition. It would otherwise had been legal if without the age constraints. Every state has different age of consent and punishments for the same. The age at which a person cannot be treated as a victim usually varies from14-18 years in different states. According to the Handbook for statutory rape, the motivation behind the statutory rape laws is to reduce the sexual exploitation of minors deterrence of pregnancy in teenage girls focus on the importance of responsible parenting of teens decreasing the number of immature mothers on welfare In Statutory rape laws, any sexual action with a person below a certain age with or without forcing is illegal. The individual below a certain age cannot consent any sexual involvement legally. The reason behind creation of this law is the tender age of children when they cannot judge their decisions and thus need protection by the state, which today focuses more on prevention of teenage pregnancy. According to Kristin Moore & Jennifer Manlove (2005) statutory rape has been a major problem in the past and still remains a critical issue today. In the report submitted “Conference on Sexual Exploitation of Teens,” Washington, D.C. 13% females and 5% males underwent statutory rape as their first sex. Source: Moore, K., & Manlove, J. (2005).A Demographic Portrait of Statutory Rape. For Conference on Sexual Exploitation of Teens, Washington D.C., from http://www.childtrends.org/Files/ConferenceonSexualExploitationofTeensPresentation.pdf Originated in 13th century, these laws have changed considerably till late 19th century, like the age of consent was raised to 18 yrs from 12 yrs as mentioned by Michelle Oberman (2000). Statutory rape is often considered as a criminal offence in certain states identified by different criminal codes like intercourse involving minors. The state statutory laws mentions the age at which an individual can involve in sexual activity legally, considering the factors like Age of consent, which is the age at which an individual can involve in any sexual activity legally Victim’s age, below which no individual can indulge in any kind of sexual activity under any situation Differential age is the difference in ages of defendant and the victim. This is considered when the victim is below the age of consent but above the minimum age criterion. Age of defendant, below which an individual can not be prosecuted for sexual indulgence with any minor as noted by Asaph Glosser,2004. The statutory rape defendants are after the minors in school. They are usually outside of any social networks of the vulnerable minor girls. Source: Moore,K., & Manlove,J. (2005).A Demographic Portrait of Statutory Rape. For Conference on Sexual Exploitation of Teens, Washington D.C., from http://www.childtrends.org/Files/ConferenceonSexualExploitationofTeensPresentation.pdf Different states have different state codes concerning statutory rape. Referring to the table 1 in appendix, 12 states have the same age of consent and 27 have varying ages of consent below which no person can indulge in sexual intercourse and over which it is only legal to do so depending upon the age of the defendant. The incidence of statutory rape cases among minor females has not changed considerably from the year 1995 -2002 as seen in the research conducted by Kristin Moore & Jennifer Manlove (2005). Source: Moore, K., & Manlove, J. (2005).A Demographic Portrait of Statutory Rape. For Conference on Sexual Exploitation of Teens, Washington D.C., from http://www.childtrends.org/Files/ConferenceonSexualExploitationofTeensPresentation.pdf Patricia Donovan mentions that half of the children born of immature young mothers and older fathers, incited strict prosecution of statutory rape both to reduce minor pregnancy and dependence on welfare. The individuals found guilty of statutory rape have to face punishments including prison, penalties depending upon the ages of defendant and the minor, may have to do the child support, and increased penalization in case of resultant pregnancy. 2. Reporting of Statutory Rape 2.1 Every state has its reporting rules i.e. who and where the report can be made. Usually this is done under the civil code as a child abuse matter. Statutory rape has its laws to be reported or not, depending upon the relationship between both the individuals involved based n their age as per the particular state laws. In 25% of the states, it is considered as a criminal offence/ child abuse if the same is committed or allowed by the person in charge of child’s care. If the statutory rape is committed by individual other than the parents or people responsible for child’s care, it is not a reportable crime. But in 75% of states, it is a reportable crime not depending upon the relationship between the defendant and the victim. In the states where this is a reportable offence only depending upon the relationship between he involved parties, where the child is below 12 years of age, it is the duty of mandated reporters to notify the same to the authorized bodies. In the states where statutory rape is considered under child abuse, the mandated reporters should notify the same to authorized bodies, regardless of the relationship between both the involved individuals. (Karen Gardiner,2004). The reporting laws are far ore complicated as they vary with states. For instance, under Kentucky law, the first degree offence is sexual assault of a minor aged 12, second degree is under 14 years and third is under 16 years of age. California law considers it illegal to have sex with an individual under 18 years of age, without marriage (Patricia Donovan). 2.2. Mandatory reporting The ABA mandatory reporting was implemented for the identification of child abuse cases. There are various issues with the mandatory reporting in statutory rape cases. Many of the times, the agency receiving the report is not operationally perfect. The report is just filed with no further action, or a primary investigation is carried out with the victim no fruitful results. And the victim may undergo serious stress due to the most sensitive issue of he life becomes public with no results in the end. Minors involved in statutory rape undergo various emotional and health trouble like pregnancy and child birth, higher dependence on alcohol and drugs, increased sexual activity etc. Source: Moore, K., & Manlove, J. (2005).A Demographic Portrait of Statutory Rape. For Conference on Sexual Exploitation of Teens, Washington D.C., from http://www.childtrends.org/Files/ConferenceonSexualExploitationofTeensPresentation.pdf Howard Davidson, director ABA, suggests the mandatory reporters should inform the teenage victims of the information being sent to the authorities. And if the same is informed, the young victims may hesitate to reveal important information on the grounds of maintaining confidentiality. 3. Statutory Rape concerns: Young girls have been and are still susceptible to rape by elder men. Statutory rape laws help reducing the sexual abuse with minor girls. A minor involved in sexual intercourse may have serious implications like pregnancy, STD or emotional stress. This might sound like the old saying of protection of a women’s virtue, but it is necessary. Apart from the sexual exploitation of minor girls by older men, the other factors associated with statutory rape are sexually experienced teens facing statutory rape at first and also the same conducted by an elder defendant in the family. Source: Moore, K., & Manlove, J. (2005).A Demographic Portrait of Statutory Rape. For Conference on Sexual Exploitation of Teens, Washington D.C., from http://www.childtrends.org/Files/ConferenceonSexualExploitationofTeensPresentation.pdf Patricia Donovan mentions in the family planning perspective report that 74% women aged under 14 and 60% women aged under 15 underwent a forced sexual activity and the partners involved in the same were men aged 3-6 years older then the females. Thus policy makers enforce these laws as protection against exploitation of young women. According to M. Males & K. Chew two thirds of children born of adolescent mothers have adult fathers having an average 4 years age gap. As a result, California has enforced statutory laws to a greater extent to combat the increasing minor pregnancy rate. Source: Moore, K., & Manlove, J. (2005).A Demographic Portrait of Statutory Rape. For Conference on Sexual Exploitation of Teens, Washington D.C., from http://www.childtrends.org/Files/ConferenceonSexualExploitationofTeensPresentation.pdf The effectiveness of this law cannot be judged due to the high rate of minor pregnancy and child birth. Some law people suggest strict enforcement and prosecution can reduce the crime and thus benefit both the people and the state. According to Michelle Oberman, these laws are necessary because minor women are vulnerable and incapable of taking correct decisions, but continuing the pregnancy is the factor to be considered. But research conducted involving policy makers, women’s rights advocates, health centers suggest a greater enforcement of these laws without judging the results beforehand. 3.1. Many people also think greater execution and prosecution can lead to adverse effects also. The pregnant girls will fear any health care for the reason that the disclosure of her partner may convict him of a rape charge, even if the activity was consensual. It can even discourage any help which the partner would otherwise have provided without being convicted of the crime. This would make the minor mothers more dependent upon welfare and curb any relationship which the father would have developed with the child. Sherry Colb says that when this activity is consensual in modern times, it should not be judged as a crime. For instance Taking the Dixon v. State case in Georgia Supreme Court, where Marcus Dixon is convicted of statutory rape and child abuse, though the sexual activity conducted was consensual. This raises the racist concerns also, as the father of the victim who is a violent racist. Other point of concern is some cultures encourage relationship of young girls with older men, and making laws against the same and putting people behind bars might just not change the whole situation. Reproductive and health care persons are not considered for mandatory reporting, or disclosing the girls age or the sexual partners identity unless they doubt a sexual abuse case. Reporting the relationship between adolescent girl and an adult as a statutory rape, will not only harm the relationship between the two individuals involved but also discourage the health care necessary for pregnant minors. The health care centers and counseling centers should maintain the benefits otherwise it will only create more problems. This can be seen in Florida, where the state law requires immediate reporting of “a known or suspected child abuse involving impregnation of a child under 16 years of age by a person 21 years of age or older” to any law enforcement agency. This does not apply to reproductive and health care professionals serving pregnant children to avoid any interference in the same (Laws of Florida). 4. Amendments to Statutory Laws (as per the State Legislatures Handbook for Statutory rape issues) The ABA and US Dept of Justice found out the amendments in Statutory rape by research conducted in al states. They were enacted in 1997 Minor’s age: age of the minor under protection is raised to 16 years in Pennsylvania. Age difference: Carolina and Pennsylvania raised the age of defendant also. The activity would be considered criminal only if defendant is 5 and 4 years elder to the victim respectively. Pregnancy: this is treated as another crime in Florida, the defendant being liable for child support and other expenses. Much older defendant: in Georgia, if the defendant is 21 years or older, he is sentenced to 10 years of imprisonment, California ranges penalty till 25,000$ depending upon the age difference between the minor and defendant. Reporting of statutory rape: in Tennessee, reporting of such crime is encouraged from health care centers, though it is not mandatory in case of minors between 13-15 years of age Expansion of scope: Washington penalizes defendant who is 21 years of age involved with a minor of 16-17 yrs and will also authorize him for the child. Hawaii, Utah raised the minimum age of minor to be considered under protection. Mandatory reporting: it is mandatory to report to the concerned authority, any knowledge of statutory rape in Tennessee and Virginia Pregnancy penalties: Oregon has high penalties in case of statutory rape results in pregnancy of the minor. Sentence: in Massachusetts, one year of mandatory imprisonment is enacted in case the defendant is 18 years and more in age. 5. Conclusion Statutory rape laws focus on reduction of sexual exploitation among minors and prevention of teen pregnancy. But enforcement of the same should be done case specific, as discussed above. With strong implementation of these laws, the sexual assault of young girls can be brought down and thus reduce the child bearing risks also. While the prosecution should be only ancillary in case the pregnancy is a result of sexual intercourse between individuals of similar age. Apart from all this, access to proper health and counseling services should be balanced along with meeting the objectives of the law. Sources 1. Colb, Sherry F. (2004). The pros and cons of statutory rape laws. Retrieved February 13, 2004, from http://www.cnn.com/2004/LAW/02/13/findlaw.analysis.colb.statutory.rape/index.html 2. Davis, Noy S., & Twombly, Jennifer. (2000). State Legislators Handbook For Statutory Rape Issues. . U.S. Department of Justice. American Bar Association. 3. Donovan,P. (1996).Can Statutory Rape Laws Be Effective in Preventing Adolescent Pregnancy?. Family Planning Perspectives, 29. retrieved February 1996. from http://www.guttmacher.org/pubs/journals/2903097.html 4. Donovan, Patricia. Caught Between Teens and theLaw: Family Planning Programs and Statutory Rape Reporting, from http://agi-ny.org/pubs/tgr/01/3/gr010305.pdf 5. Glosser,A., Gardiner,K., & Fishman, M. (2004).Statutory Rape: A Guide to State Laws and Reporting Requirements. Prepared for: Office of the Assistant Secretary for Planning and Evaluation, Department of Health and Human Services. Retrieved December 15, 2004, from http://www.lewin.com/Lewin_Publications/Human_Services/StateLawsReport.htm 6. Laws of Florida. Chapter 96-215.Committee substitute for Senate Bill No. 200. 7. Males, M.,& Chew, K.S.Y. (1996) .The Ages of Fathers in California Adolescent Births, 1993. American Journal of Public Health, 86,565-568. Moore,K., & Manlove,J. (2005).A Demographic Portrait of Statutory Rape. For Conference on Sexual Exploitation of Teens, Washington D.C., from http://www.childtrends.org/Files/ConferenceonSexualExploitationofTeensPresentation.pdf 8. Oberman, M. (2000). Regulating Consensual Sex with Minors: Defining a Role for Statutory Rape. Buffalo Law Review, 48, 703-784. 9. What is statutory rape. From http://www.sexlaws.org/what_is_statutory_rape Appendix Source: Glosser,A., Gardiner,K., & Fishman, M. (2004).Statutory Rape: A Guide to State Laws and Reporting Requirements. Prepared for: Office of the Assistant Secretary for Planning and Evaluation, Department of Health and Human Services. Retrieved December 15, 2004, from http://www.lewin.com/Lewin_Publications/Human_Services/StateLawsReport.htm Source: Source: Moore, K., & Manlove, J. (2005).A Demographic Portrait of Statutory Rape. For Conference on Sexual Exploitation of Teens, Washington D.C., from http://www.childtrends.org/Files/ConferenceonSexualExploitationofTeensPresentation.pdf Read More