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The problem with statutory rape laws
Problems with statutory rape laws
The problem with statutory rape laws
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Society’s role in criminalizing statutory rape cases play a big part on how people look at the different cases. In society everyone expects for a younger girl to be with an older guy, so people may not see a priority in statutory rape laws. “Considering that it is customary for women to date and marry slightly older men” (M.W., 1998). Since it is not abnormal for younger girls and older guys to be together most people do not see an age gap of about three years that big of a deal. But if these people do not report a case of statutory rape then they are technically endangering a minor. Males in society do not see male statutory rape victims as victims. These men look at it as a pat on the back to the young boys who were sexually active with adult women. The men also make comments saying that they wish they could have been in that position when they were young. Some people in today’s society do not understand the priority of really enforcing statutory rape cases unless there is a huge age difference or the victim was a young girl instead of a boy. The media has a big part in which cases will be recognized. The media tends to show female victims and adult male offenders more than they would male victims and adult female offenders. Female offenders should be broadcasted just as much as the men and should not get privileges just because they are women. Statutory rape laws and child marriage laws greatly clash. According to Cocca, “of all brides in 1970, 13% were under 18; in 1980, 8.2%, and in 1990 3.7%. Of all grooms 1970 2.1 were under 18; in 1980 1.3% and in 1990 0.6” (Cocca, 2004). Yes over time the percentage of adults and minors getting married has dwindled, but it was not right to go along with in the first place. In some states... ... middle of paper ... ...sibility of being parents when they cannot even legally say yes to sex. Statutory rape laws are far from perfect. Statutory rape laws are discriminating towards boys and biased towards girls. No law should be gender specific especially one that consists of people who are endangering minors. These laws have discriminated boys for over 150 years. The law should be fair to both genders and give boys the voice the need in the cases. Over the years statutory rape cases have gone underreported, mainly because people do not witness the cases themselves. Most of the lost cases involve minor males and older females. Even though some cases have been reported they do not get as much publicity as the cases dealing with young girls and adult men. Boys should get the same amount of protection under the statutory rape laws as girls do; the young men are victims just as girls are.
Cases of incestial rape by father's upon their daughters, where actually rarely reported (Brown, 131). Most mother's and daughters kept incidents like these secret from the public or rarely even confronted their husbands and fathers for fear of experiencing further harm. Not to mention that it was a hard crime to prove (Brown, 112). Incest has been against the law for a long time- so the father of a household could be jailed a short while for the crime, but shockingly, girls only needed to be older than ten years of age to give consent to sex (Brown, 60). Thus making it easy for defense attorneys to establish reasonable of doubt rape and making the father guilty of incest instead (Brown, 89).
The median age difference between the female adolescent and the male offender was six years, Of all offenders of male statutory rape victims, 94% were female. Regardless of the victim’s gender, almost 3 out of every 5 victims of statutory rape were age 14 or 15, with relatively equal proportions in each of these ages. With this knowledge, their is still the assumption behind statutory rape laws is that if someone who has been in a relationship with said offender they are able to agree and it’s not considered rape,this can even happen when a 18 year old is with a 16 year old male or female one or both may be charged with Most children regardless of gender that are under the age of 16 or even 18 do not have the mature mental capacity to voluntarily consent to intercourse, when it comes to statutory rape the minor's consent to intercourse is irrelevant, even if he/she thinks they want to give
Perception is not reality. The common assumption that the court system often treats female sex offenders differently than male sex offenders, the punishments of female sex offenders are more lenient than men who commit the same types of crimes, and the differences between male and female victims are all perception and not reality. Objective considerations to additional factors make the perceptions baseless. These additional factors solidify the factual differences between male and female sex offenders. The acceptance that the court system often treats female offenders differently than male offenders is an accurate statement; however, it comes with many caveats.
The age-of-consent campaign came about during the late 19th and early 20th centuries, which was designed to protect young innocent girls from vicious men who prey on the young (Stacy L. Mallicoat, pg. 280). Before the campaign the legal limit of consent was 10 and 12 in 1885. In most states they ended up raising the age limit in 1920 to 16 or 18. They tried training females for marriage, but the juvenile system punished girls and denied them the right to express themselves sexuality. This movement forced girls who had sex outside of marriage to get a gynecological exam to make sure they are not spreading any diseases around. A lot of the time when this movement was strongly enforced, if a woman went to a trial it really used their previous sexual encounters in front of the jury/judge which also played into victim-blaming. Using this approach allows guys to feel like they can get away with rape and other violence towards females since all they are going to do is blame the intercourse on the woman tempting the guy to have sex with her. This also lets the male have more sexual freedoms than women did. More likely if a female was caught having sex outside of marriage, they were sent to juvenile detention, which on average they spent about three times longer than their male counter-part did for the same
When a woman commits a sexual offense, what should we do? Sexual offense committed by a female is as disgusting, repulsive and horrible as when committed by a man. When children are victims of sexual offense, it is the worst possible crime, because they cannot defend themselves. Female sex offenders should be prosecuted to the full extent of the law and programs should be made to monitor and rehabilitate them.
Rape until 2012 was defined as “The carnal knowledge of a female forcibly and against her will.” It was severely lacking was only updated by the Federal Bureau of Instigation in 2012. It left out an entire section of rape that can be committed which is man being the rape victim. This lead to misclassification of rape of males for years. So even the statistics used till 2014 were underwhelming and inaccurate when it was related to male rape or sexual assault. Rape in the United States is now defined by the Department of Justice as “Penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.” Male Rape or men being the sexual assault victims are rarely ever the subject of a dialogue when Sexual Assault is the topic being discussed because rape is generally seen as a heterosexual highly sexed male attack on vulnerable, attractively dressed female victim. Most rapists have alternative outlets for sexual gratification, many take little notice of their victim 's physical attributes, and some may experience sexual dysfunction during the assault.
...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 year was 2007 and the, at the time, fourteen year old Cherice Moralez was under more pressure than the typical teenage girl. Behind closed doors, one of Moralez’s teachers, forty-eight year old Stacey Rambold, was repetitively raping her. Before her confession, Cherice was battling her reluctance to tell authorities about what was happening, fearful of the judgment she might endure from her peers. It took until October 31 of 2008 for Rambold to be arrested. Though many would think Cherice’s troubles would be over and potential victims would be saved, this case proved to be more than controversial. After pleading guilty to only one of three charges of sexual intercourse without consent, Rambold was given the opportunity to have all charges dropped if he attended sex offender treatment. Not only this but Cherice was being shunned by other students at her school. Even though the rape was not “forcible, beat-up rape,” as Judge Baugh phrased it as he defended his undersized ruling on the case, having sex with a child who cannot consent is considered rape (Insert Daily Mail Citation). Under all of these circumstances, why does the government let this happen? Why do some rapists receive minimal punishment as their victims attempt to piece their lives back together while being outcasted from society? Today, rape and sexual assaults are becoming an even bigger issue than ever before. With a 25% increase of reported assaults as of 2008 (Insert HWR Citation), it is estimated that one in four women will be raped at one point in her lifetime (Insert TheHathorLegacy Citation). What is to blame for this alarming epidemic? The United States over its many years seemed to have developed a society based around the rationalization of conventio...
Sexual assault is defined as a type of behaviour that occurs without explicit consent from the recipient and under sexual assault come various categories such as sexual activities as forces sexual intercourse, incest, fondling, attempted rape and more (Justice.gov. 2017). People often become victims of sexual assault by someone they know and trust (Mason & Lodrick, 2013) which is conflicting to the public’s perception and beliefs that offenders are strangers. Women are the main victims for sexual assault and are 5 times more likely to have been a victim of sexual assault from a male (Wright, 2017, p. 93). Men are victims of sexual assault however only 0.7% of men, compared to 3.2% of women, experience some form of sexual assault which highlights how vulnerable women are compared to men. Sexual assault is publicised and exposed in the media, however is often
Statutory rape laws are valuable in protecting the rights of minors. Possibly, if the laws were revamped to suit the changing attitudes’ of modern society, the law would be more effective. In place of worrying about the misinterpreted claims of statutory rape, prosecutors can focus on the more crucial cases. With more defined modern guidelines, society would be aware of the laws regarding statutory rape and some more pleased. Statutory rape laws are no longer used to prohibit teenagers from having sex. Instead, the regulations are to make certain that the teenagers who are having sexual intercourse are not unknowingly being emotionally forced into it by their significantly older partner’s power. Ideally, statutory rape laws can only improved the lives of teenagers.
Rape serves no purpose in society because it adds nothing to social roles and keeps no type of harmony. There is no type of stability to be found in Rape. The sole purpose and effects of consensual partnership is to create the next generation and people finding life partners. Without that consent, what is there to be gained?. Luckily, the average person would agree with this. Any decent person can understand that rape is a bad thing and should be punished. But why do people still avoid talking about it? Or not take people who report it seriously? Why are male victims of rape barely ever talked about? I want to try to answer those questions with the other two of the big three
In the century that we are living in, when people hear the term statutory rape it only means one thing, one grown man and a teenage girl having sexual relations. But what if I tell you that statutory rape has way more complications then that. Would you believe me? What if I tell you that the law of statutory rape should be reviewed and revise because it is confusing, bias and unfair. Would you be on my side? When statutory rape is brought up people never thinks about what happened to the two teens that just got caught having intercourse. Or what happen to that female teacher that just got caught doing the hanky-panky with that teenage boy. These questions never been thought of after the incident had occurred. But I guaranteed that if it was a thirty year old man with a girl that’s under the age of 18 everybody in states, out of states, different continents and maybe even different planets would have known and made sure that something would have happened to that man.
Believe it or not, one in three women have experienced being raped at a party while being intoxicated or unconscious. Because of the recent events involving sexual assault all over the world, many conversations and controversies have come to light, showing a disturbing lack of clarity about the topic of consent. Sexual assault is when someone is coerced into a sexual act or forced. Consent is when someone basically gives you permission or they agree to do something with you, in this case they agree to have sexual intercourse with you. But, if someone were to give you consent while they are intoxicated then that is actually not consent. With so many people not knowing what consent is or how to clarify it, a group of young people, ages 18 and
Sahl, Daniel, and Jennifer Reid Keene. "The Effects Of Age, Authority, And Gender On Perceptions Of 00000 Statutory Rape Offenders." Journal Of Interpersonal Violence 27.18 (2012): 3701-3722. 00000 Academic Search Complete. Web. 12 Nov. 2013.
Rape due to intoxication is currently at the forefront of all issues facing college campuses across the United States. Because of the negative effects alcohol has on the human brain, it often plays a major role in the sexual assault of college women. In fact, a study conducted by Dr. Antonia Abbey found that “55% of the sexual assaults reported by college women involved alcohol consumption” (Abbey, 119). In ninety-seven percent of these assaults, both the victim and perpetrator were reported to be intoxicated. In addition, college women are significantly more likely to experience sexual assault than college men, whereas, college men are much more likely to be the perpetrators than the victims of assault. It is a harsh fact that most women will