The concept of rape is black and white. The concept of statutory rape, is more intricate.
A man or woman who have nonconsenting relations with a minor should be incarcerated and prosecuted. If a juvenile has relations with a minor, should the juvenile receive the same punishment? What if the minor gives consent, should the adult still be prosecuted? Both types of statutory rape have an outcome similar to one another, which result in either physical, mental, or emotional pain or damage to the nonconsenting party. Mental and emotional problems affect the victims that derive from statutory rape which can be the result of the prey physically hurting themselves or others. For instance, a court case was brought to attention when a minor had consenting relations with an older man. The older man compelled the child, Amy
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The reason behind why statutory rape is illegal is because the outcome concludes to many symptoms and side effects that end up hurting the younger partner. A human is not fully developed mentally till they reach the age of twenty-five, therefore, if a person risked the vulnerability of a child who can’t fully grasp the emotional and physical consequences of sexual intercourse of any type would be incompetent. Since, the younger partner is less developed the outcome shows the eldest partner is responsible for the results that extend from the sexual abuse, no matter their
This essay will examine Susan Estrich’s and Lois Pineau’s discussion on rape. Both contribute insights on our society’s negligence when it comes to the protection and justice for women. Estrich provides a peak into the legal system on how it determines rape. We will see that the law is shaped in a way that continues to oppress women and leave them unprotected. Pineau furthers the conversation on placing responsibility on the victim to prove the crime. She narrows her focus on date rape and raises an objection to the model of consent that shapes our culture’s attitude and our country’s law. Pineau proposes a communicative model of sex. From this proposal, I will conclude my essay with an objection of her model and will ultimately defend her model against such an objection.
Saunders states that Rape Shield laws are in place to protect victims of sexual assaults and rapes during a criminal trial. They prevent defendants to bring fourth evidence of the victim’s sexual history, orientation or past relationships (Saunders, 2014). Rape can be a very emotional and embarrassing ordeal; it’s very private and personal and can be hard to deal with for years to come. As with many victims of crime especially sexual offenses there are advantages and disadvantages to each new law that is implemented. This paper is designed to analyze the advantages and disadvantage of the Rape Shield Laws.
Picture this. You are heading off to college to begin the next chapter of your life. It is a moment you have always been waiting for. You are past the high school drama, and are ready to start taking classes that will allow you to obtain a degree in something you have always been passionate about. It’s your first week on campus and you are invited to a party being hosted by a group of upper classman. You show up to the party and immediately are handed a red cup with what you know is something you shouldn’t be drinking. You take a sip anyway and soon start talking to that guy in the corner who at first seems friendly, but soon begins to take advantage of you. Just like that everything changes. This is a situation millions of people face every
This means that sex with them, by definition, violates the law. Statutory rape laws vary by state, each state determines the age of consent individually, as well as using different names to refer to this crime and punishments. Statutory rape falls under four categories in minnesota; First degree sexual conduct, Second degree sexual conduct, Third degree sexual conduct and lastly fourth degree sexual
Juvenile sex offenders are individuals that range in ages between six and seventeen years. There is a differentiation between what is considered a juvenile sex offender and a juvenile rapist. A juvenile rapist is generally older in the adolescent years and their victimology will be someone who is older than they are and they generally use a weapon. These crimes will also be usually male on female crimes and occur in public areas. Whereas the juvenile sex offender victimology will generally be younger than them, usually by around five years, but still at ti...
Karen Horney was born September 16, 1885, to Clotilde and Berndt Wackels Danielson. Her father was a ship's captain, a religious man, and an authoritarian. Her mother, who was known as Sonni, was a very different person -- Berndt's second wife, 19 years his junior, and considerably more urbane. Horney's childhood was one of some distress. She felt like her father loved and respected her brother much more than he did of her. Yet he would take her on sea trips with him, and would buy gifts for her. She distanced her self from her father, and grew to recent him. She turned to her mother who gave her the love and respect that she desired.
What is date rape? Is date rape different from rape? In a traditional date, a man and a woman meet for dinner and hope that it goes well so they can continue to see each other. In some cases, things go terribly wrong causing law enforcement to get involved. According to Paglia, all women have want men want. Thus, we must be extremely careful when meeting someone for the first time, as we do not know if we can yet trust. We cannot trust that they will not place a drug in our drink when we go to the restroom. Some may argue that men should be taught to never to that to a woman. But shouldn’t a woman be taught to not leave a drink unattended during a date or during a party?
"Don't do the crime, if you can't do the time." -- David Grusin and Morgan Ames Much controversy exists on the question of whether a juvenile criminal should be punished to the same extent as an adult. Those who commit capital crimes, including adolescents, should be penalized according to the law. Age should not be a factor in the case of serious crimes.
...sequently arrested and charged with unlawful sex .At the trial, the judge was disparaging of the girl’s position, describing her as ‘a willing participant’ at 12 years of age, ignoring the fact that if the defendant had committed the offence after May 2003 when the new Sexual Offences Act came into force, he would be liable for an immediate charge of raping a child under 13.The defendant was given a two-year conditional discharge, was made to sign the Sex Offenders Register and escaped prison. This case study is evidential that young girls are much more aware of their sexuality and their consent. Many young girls participate in weekend socialising, drinking and using drugs with men, who consequently believe these girls are at the legal age of consenting in both sexual intercourse and drinking alcohol, only when do these young girls go too far is when rape is cried.
The statutory rape law states that having sexual intercourse or being involved sexually in any form with a child below the age of sixteen is unlawful and could have charges pressed against as well as face imprisonment in a state prison or correctional facility. The law also states that one gender isn’t recognized more than the other; under the law children should be protected equally. Statutory rape is sex that occurs between an adult and a minor; an adult eighteen years or older and a minor is considered sixteen years or younger. The underlying principle behind the statutory rape law is the fact that children below the age of sixteen are incapable of giving their consent on sexual activities. Although the law states that all children are treated equally under the law, in several cases the court has chosen one gender over the other and the majority of the time the boys are the one who is faced with charges rather than girls (Oberman, 1994)
once the minor has committed a violent crime, they are no longer a kid. The minor had the ability to know right from wrong, but he still chose to commit the heinous crime anyway. Choosing to commit this violent crime means that the minor chose to act as an adult and must be held accountable. Once the minor has made the decision to act as an adult, they must be treated as an adult. If we do not teach minors that what they did has consequences they will never learn. Arguments can be made that minors should not be treated as adults and while these arguments do have merit, they are not my beliefs. In my opinion, minors who commit violent crimes need to be tried as adults. Justice does not discriminate when it comes to age. Right is right, and wrong is wrong and the wrong should be punished equally.
The public does not know how to adequately and appropriately respond to rape because usually when these incidents occur, typically perpetrated by men victimizing women, society tends to blame the survivor, while excusing and justifying the attacker. This almost always occurs when the perpetrator is a white, upper class male, seen in the most recent case with the rapist from Harvard who was only sentenced to six months in jail for raping an unconscious woman. Rapists of color are typically given longer sentences than white rapists, while sometimes, many of these rapists do not serve any time in jail nor are charged for their crime. Rape can happen by women to men, women to other women, and by men towards other men, but because of the unbalanced power dynamics that leave women hierarchically inferior to men, they are most often the victims to these social superiors.
After many years of prosecuting statutory rape laws, some people are being to question whether or not these laws when concerning non-violent “sex with a minor” are actually appropriate and effective in protecting the rights of minors. The people who support statutory rape laws would argue that in any relationship where one legal aged partner is significantly older than the other, the older of the two has a greater power advantage over the younger. Thus even if a person under the age of consent agrees to sexual activity, it is still considered lawfully to be rape, because that person is not mature enough to make a well thought-out decision. Adults fear that the younger person in the relationship may be unconsciously forced emotionally, if not physically, into engaging in sexual acts with their partner. According to the Taking Sides (Issue 17), “Statutory rape laws are designed, in part, to keep these types of unequal relationships from becoming human nature.”
Sexual assault is an offense that plagues many U.S. citizens. Although some studies show that rape is on the decline, other studies report that the phenomena actually occuring is that less rape victims are reporting the crime. In fact, approximately 68% of sexual assaults go unreported to the police according to the U.S. Department of Justice in a National Crime Victimization Survey from 2008-2012. It is common knowledge that rape victims are usually severely traumatized after the event, which leaves them susceptible to various emotions such as shame, anxiety, numbness, fear, denial, and guilt. Because of this, many rape victims decide to repress their experience and let it go unheard. However, not only does this prevent them from healing emotionally,
It is a double standard based on gender norms that diminishes the fact that all relations that disregard the age of consent should be viewed as severe and punished accordingly. These inappropriate relationships can, in fact, have long-lasting, detrimental effects on their victims and