Statutory+Rape

Caite Martini

**Statutory Rape**

**Definition**

Statutory rape is an illegal sexual act. It defines any sexual act between individuals under the age of consent, as being coercive, even if the parties themselves believe the sexual activity to be voluntary (Glosser et al, 2004, p. 6). However, as the term “statutory rape” is not universal in state criminal codes across the United States, it is difficult to assess the laws related to statutory rape across the United States. There is no predetermined age at which an individual can legally consent to sexual activity under United States law; creating the dilemma of no specific age that one is under the age of consent. Instead, most states define the age of consent and instances of statutory rape based on three factors: the age of the victim, the age of the defendant/offender, or the age differential between the two sexual partners. (Glosser et al, 2004, p. 6) To communicate about and be aware of instances of statutory rape, it is also important to define the difference between rape laws and statutory rape laws. The former are typically universal from state to state in the United States. According to Garner (1999), rape is “unlawful sexual activity (especially intercourse) with a person, without consent and usually by force or threat of injury” (Mitchell et al, 2003). On the other hand, the laws for statutory rape vary considerably from state to state, as do the terms used to describe it. The term “statutory rape,” is in of itself a dubious term; in various states it is called sexual assault, unlawful sexual conduct, statutory sexual assault, gross sexual imposition, criminal sexual penetration, sexual contact, sexual offense, sexual abuse, and/or carnal knowledge (Mitchell et al, 2003). The clearest distinction between rape and statutory rape is the concept of mutual consent. Statutory rape includes the element of mutual consent, despite the violation of minors by an older party, whereas rape is the act of sexual contact via threat of injury or force (Mitchell et al, 2003). **History of Statutory Rape Laws:**

The concept behind statutory rape was put into law in England over 700 years ago. At the time, the law stated that it was ‘illegal “to ravish,” with or without her consent, a “maiden” under the age of 12’ (Donovan, 1996). However, in the year 1576, English law lowered the legal age of consent to 10 years old. The American legal system followed suit and adopted statutory rape laws in the early years of the country’s legal system. The original age of consent in the United States was 10, as in England, but by the 19th century the age was raised, in some states even to 21 years old. Currently however, the age of consent in the United States tends to range from 14-18 years old. (Donovan, 1996)

**Purpose of Statutory Rape Laws:**

The purpose of statutory rape laws, first and foremost, is to declare it a crime for one to have sex with minors (those below the age of legal sexual consent). According to the Davis et al (2000), more specific statutory rape laws (i.e. outlining the purpose of the law in detail) generate more discussion about the topic and enable more laws to be created and passed, which will “accurately address what the State determines to be prosecutable.”

**Statutory Rape Designations – Variations by State:**

As mentioned above, the term statutory rape varies from state to state in the United States. Many states don’t specifically refer to this term at all, but call the illegal sexual act something along the lines of sexual assault. However, the action maintains the same connotations: sexual activity with a person below th

e legal age of consent (which also varies by state) is prohibited, and therefore illegal (Norman-Eady et al, 2003). According to Norman-Eady et al (2003), although the age of consent varies by state, most states, such as Connecticut, place it at 16 years of age. However, the range across the United States is 14-18 years of age (Norman-Eady et al, 2003). The penalties for offenders convicted in statutory rape cases also vary by state. Per Norman-Eady et al (2003), many states base the penalty on the age of the offender, or the older person in the sexual encounter, with most giving the highest penalty to offenders aged 21 and above (in the states of California, Missouri, New York, Nevada, and Maryland for example).

**Statutory Rape Laws - Recent Amendments:**

Over the past decade and a half, legislators have been looking into possible amendments to existing statutory rape laws, in order to limit the incidence of such illegal sexual activities. The Office for Victims of Crime, a sector of the U.S. Department of Justice, joined with the American Bar Association to survey states about the types of new statutory rape legislation they were considering (Davis et al, 2000). The following were among the amendments proposed: Florida instated a law to classify the “impregnation of the minor as a separate offense,” Delaware and Georgia increased the potential sentence time for much older offenders by “targeting much older defendants,” and Tennessee passed a bill for “encouraging reporting,” that would encourage (not require, however) health care providers to report cases of statutory rape that were brought to their offices (Davis et al, 2000, pp. 9-10). In the past decade, these new laws, among the others mentioned in the //State Legislators’ Handbook for Statutory Rape Issues//, have helped to clarify what constitutes an act of statutory rape, and increased reporting and penalization of offenders (Davis et al, 2000).

**Communicating about Statutory Rape – Counseling for Statutory Rape Victims and How to Seek Help:**

It is important to note that statutory rape should be reported to authorities, although there is no law that expressly states that one must report such incidences, as there are in cases of child sexual abuse or rape. Nevertheless, even though the American Counseling Association does not require counselors to report cases of statutory rape, it is highly encouraged that they report these instances to authorities when young women come to them for assistance (Mitchell et al, 2003). Additionally, some states, such as California and Florida, have instated laws that require the reporting of statutory rape (Mitchell et al, 2003). There have been additional cases in which health centers and counseling centers have argued against being required to report statutory rapes cases. Some have voiced concerns about not being equipped to handle cases of statutory rape, or worry about issues of informed consent rights for those they counsel. Some counselors have even been said to abstain from asking patients the age of their partners in order to not be held accountable for reporting instances of statutory rape (Mitchell et al, 2003).

Aside from the differences in reporting requirements from state to state, there is a consensus that counselors and health center workers should be well acquainted with their state’s laws on statutory rape. However, according to Mitchell et al (2003), as it stands now, “unless there is a legally mandated reporting law that specifically includes counselors as required reporters, or unless the laws of a state have been amended to include statutory rape as a form of child abuse, counselors are not legally or ethically obligated to report rape or statutory rape.” Nevertheless, most states are required to report instances of abuse, which often include statutory rape to some degree, depending most often on the age differential between the offender and the victim. For these states (including Alabama, North Dakota, Wyoming, Ohio, Minnesota, and California) there are specified “mandated reporters,” who are “typically individuals who encounter children through their professional capacity” (Glosser et al, 2004, p. 21). These mandated reporters are generally supposed to notify authorities within 1-3 days of being notified of a case of statutory rape. Reporters are typically allowed to report instances via telephone, and according to the Lewin Group, two-thirds of states with mandated reporters require a more detailed report to follow-up the initial report. These laws have been instated in order to further the process of holding offenders accountable for instances of statutory rape, and to limit such instances in the future. (Glosser et al, 2004, pp. 21-22)

**Bibliography:**
 * 1) Office for Victims of Crime, in the Office of Justice Programs of the U.S. Department of Justice. (2000, February). //State Legislators’ Handbook for Statutory Rape Issues// . Washington, DC: Davis, Noy S., & Twombly, Jennifer.
 * 2) Donovan, Patricia. (1996, January/February). Can Statutory Rape Laws be Effective in Preventing Adolescent Pregnancy? //Family Planning Perspectives, 29 (1)// . doi: 10.1363/2903097
 * 3) Federal Bureau of Investigation, National Incident-Based Reporting System (NIBRS)//,// U.S. Department of Justice. (1997). Juvenile Victimization, by Type of Crime and Victim’s Age Group. //Crimes against Children Research Center//. Washington, D.C. Retrieved from http://www.ncjrs.gov/html/ojjdp/2000_6_4/page3.html
 * 4) Glosser, Asaph, & Gardiner, Karen, & Fishman, Mike. (2004, December 15). Statutory Rape: A Guide to State Laws and Reporting Requirements. //The Lewin Group// . Retrieved from []
 * 5) Mitchell, C. W., & Rogers, R. E. (2003). Rape, Statutory Rape, and Child Abuse: Legal Distinctions and Counselor Duties. //Professional School Counseling//, 6(5), 332. Retrieved from EBSCO //host//.
 * 6) Norman-Eady, Sandra, & Reinhart, Christopher, & Martino, Peter. (2003, April 14). Statutory Rape Laws by State. //OLR Research Report// . Retrieved from []
 * 7) Shades of Ebony. //Social Action//. (2004). Retrieved from http://shadesofebony.org/socialaction.htm