On the other hand, in Massachusetts rape has a 15 year statute of limitations. When a crime is prosecuted by the state, the lawyer seeking to press charges against a perpetrator, known as the prosecutor, must determine which statute of limitations applies in that particular case.
To do this, prosecutors consider some of the following questions:. In recent years, evidence that does not erode over time is often available, such as DNA, audio or video recordings, emails, texts, and other digital communication.
These newer forms of evidence play an important role in investigating and prosecuting crimes of sexual violence. Society also has come to understand more about the physical, emotional, and psychological effects of sexual violence and the reasons why a victim may not immediately report the crime.
In addition to pursuing criminal charges, many victims are eligible to seek victim compensation from a state agency or to file a civil suit a lawsuit in civil court that may seek monetary compensation, protection, or other remedies.
Skip to main content. Que es la Linea de Ayuda? How common is it? What is rape? What is statutory rape? Steps to take after a sexual assault What can I do if I have been sexually assaulted recently? What can I do if I was sexually assaulted in the past? Who can I call for help? I am not ready to report the assault now but I may be ready in the future. However, it must be noted that sexual relations with minors who have not yet reached puberty is generally treated as a much more serious crime than statutory rape, usually called child sexual abuse or molestation.
Statutory rape can be treated differently depending on the genders of victim and offender. Until the later s, statutory rape involving an adult woman and an adolescent boy was quite often ignored by the law, while a case of statutory rape involving an adult man and an underage girl was treated much more seriously. This type of thinking is still somewhat present today, although the crimes are legally equivalent to any other.
The exact class of crime that is committed felony, misdemeanor, etc depends largely on the relative ages of the perpetrator and victim. In many states, conviction with statutory rape also results in a mandatory lifetime registration as a sex offender. While nobody contests the necessity of statutory rape statutes in protecting children from sexual predators, many statutory rape laws exist in a legal gray area that can have unintended consequences.
In at least 29 us states, age of consent laws essentially rule all sexual contact with minors illegal, regardless of the relative ages of the partners.
Statutory Rape Laws and Charges. A person who has sex with someone under the "age of consent" can face a variety of criminal charges depending on the state.
This article is a general discussion of statutory rape laws. What Is Statutory Rape? How Is Statutory Rape Defined? Getting Legal Guidance The information in this article provides an overview of the law relating to statutory rape. If you are trying to determine the legality of any kind of conduct, make sure to consult an experienced criminal defense attorney. The law is complex and changes regularly. Controversy Around Statutory Rape Laws Statutory rape laws are meant to protect children and teenagers from predatory adults.
Exceptions to Statutory Rape Laws Many states have enacted exceptions to statutory rape to address relationships between young people close in age and between young people who both are under the age of consent. Such laws may prohibit sexual contact of or intercourse with a person under a certain age only by an individual: of a certain age such as 18 or older, or a certain number of years older than the alleged victim such as "at least three years older".
Sex Between Young People of the Same Gender A few states have "Romeo and Juliet" laws that expressly limit the exception to situations where the two people engaged in sexual activity are of the opposite sex.
Defenses to Statutory Rape Defenses available to a person charged with a statutory rape crime depend upon the laws of the state in which the defendant is charged.
Consent Although the victim's consent itself is not necessarily a defense to statutory rape, it may be if the state in which the defendant is charged has a Romeo and Juliet exception or mitigation.
Reasonable Mistake of Victim's Age A few states allow a defendant to offer evidence that he or she honestly and reasonably believed the victim to be over the age of consent as a defense to a charge of statutory rape. How Statutory Rape Is Punished Punishment for a statutory rape offense varies according to whether the crime is a misdemeanor or felony and the degree or seriousness of the felony classification.
Sex Offender Registration A person convicted of statutory rape in certain states will be required to register as a sex offender. Talk to a Lawyer Need a lawyer? Start here.
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