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Problems with statutory rape laws
Problems with statutory rape laws
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Many issues have come up with the laws surrounding statutory rape. Although the laws are in place to help people, many people see them as unfair and they believe that there are changes that could be made to help improve these laws. A major problem with statutory rape laws is that each state has a different law. To help improve statutory rape laws, all states should work together to have a set of country-wide laws, so that the states all have the same laws. With a few minor improvements, the statutory rape laws would be problem free.
The statutory rape laws in the United States are in place to protect adolescents from rape. The dictionary definition of statutory rape is “sexual intercourse with a minor.” The difference between rape and statutory rape is that rape is an adult sexually abusing an adult, and statutory rape is an adult sexually abusing a minor. Statutory rape can occur when an adult and a minor have sex, even if it is voluntary on both sides. (North Carolina General Assembly) In each state, there is an age of consent, which is the age that a person can legally consent to sexual intercourse. There is also an age differential, which is amount of years that the victim and the offender can be apart. In most states, statutory rape is referred to as “sexual offense of a person who is 13, 14 or 15 years old. (“Summary of Current State”) In the laws surrounding rape in North Carolina, the laws that pertain to statutory rape are referred to as “Rape of a child; adult offender.” This offense is considered a class B1 felony. This offense does not cover sexual acts, such as sexual contact, or oral sex. The law that pertains to statutory rape for sexual acts is a would be a first degree sexual offense. (North Carolin...
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...al Abuse 22.7 (2013): 00000 858-877. Academic Search Complete. Web. 12 Nov. 2013.
Roth, Norah M. "It's Not Rape-Rape: Statutory Rape Classification Under The Armed Career 00000 Criminal Act." St. John's Law Review 85.4 (2011): 1653-1680. Academic Search Complete. 00000 Web. 13 Nov. 2013.
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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.
Schneider L, Mori L, Lambert P, Wong A. The Role of Gender and Ethnicity in Perceptions of Rape and Its Aftereffects. Sex Roles [serial on the Internet]. (2009, Mar), [cited March 16, 2014]; 60(5/6): 410-421. Available from: SocINDEX with Full Text.
Rape Shield Laws Facing with much criticism from women’s group with the legal definitions of rape and how rape cases are being processed in the legal system, the government is forced to pass a Rape Law reform in the 1970s. Rape law reform urging courts to treat rape case the same as other crimes, rape law reforms modified traditional rape laws and ratified evidentiary reforms in every state in the United States. The most common and widespread changes occurred in three areas. First, rape was redefined so that there was no longer a single crime of rape.
“10 Arguments in Favor of Pro-Choice Policy.” Advocates for Youth. N.p., 2010. Web. 18 Mar. 2010. .
The federal Megan’s Law established three specific conditions. The first condition required information from state sex offender registries to be distributed publicly so that all community citizens have access to it. The second condition required any information collected by registration programs within the states to be released for any reason given that it is allowed under the state law. Finally, the third condition required local and state law enforcement agencies to release all applicable information from state registration programs needed for the protection of the public (Corrigan, 2006, p. 271).
Sexual assault is the act of sexual intercourse without consent of the other person according to New South Wales Consolidation Act of 1900 (Austlii 2011) and is also described by the Australian Standard Offence Classification as ‘non-consensual’ acts or intents of sexual nature (ASOC 2008, p. 31) has become one of the most predominate crimes creating social harm in Australia. Social harm is defined as the negative influence through consequences impacting from the individual to the living conditions of the surrounding public (Cain & Howe 2008, p. 26). Sexual assault poses a social threat to all aspects of community, spreading insecurity in the 9000 victims across Australia and 1900 victims in NSW alone as indicated in the Australian Bureau of Statistics Crime Victimisation Report (ABS 2011, p. 40). This is supported by the victimization rate of all sexually assaulted victims between ages 10 to 14 being 4 times greater than all the other age groups (ABS 2010). Another major issue within the boundaries of sexual assault is that it holds one of the lowest prosecution rates with only 1 in 10 incidents able to prosecute the offender as guilty (Fitzgerald 2006, Pg. 1). The abundance of statistics and reports conducted all imply that sexual assault is still a predominate issue of crime within Australia.
Cross-cultural research has shown that rape is most common in cultures that are dominated by males and violence. This means cultures in which males dominate the political decisions and cultures adhering to the male ideology of toughness, interpersonal violence and war (Groth 7). In a culture of people with more traditional or sexist gender role, attitudes are more tolerant of rape than are people with more nontraditional attitudes. Traditional men are more likely to report that they would commit rape if they knew they would not be caught; some researchers have found that a traditional man is much more likely to commit a rape than a nontraditional man is. Many attitudes in our culture perpetuate rape, for example: A husband is entitled to have sex with his wife," "A 'real man' never passes up a chance to have sex," and, "A women who 'leads a man on' deserves what she gets (Growth 7). “ Some media depictions may promote rape. Many movies make violence appear attractive and some movies convey myths about rape. Such as slasher films that make violence seem exciting, or movies suggesting that women like to be forced to have sex or that women's only value...
The acceptance that the court system often treats female offenders differently than male offenders is an accurate statement; however, it comes with many caveats. Generally, the public views women as nurturers, motherly and incapable of harming a child. Research indicates that female sex offenders capable of committing such acts have serious psychiatric and psychological problems. In comparison, research indicates male sex offenders are more callous, more antisocial, and promiscuous, involved in the criminal justice system, and have more victims (Miccio-Fenseca, 2012, slide 7). The consensus is that men commit their acts for sexual pleasure while women commit their acts due to psychiatric and psychological problems. Law enforcement, juries, and judges tend to empathize more when there are additional mitigating factors such as emotional or psychological problems. Due to these mitigating factors, it appears treatment of female sex offenders is more lenient than male if their crimes are similar in nature. Research by Miccio-Fenseca (2012) indicates that in comparison to their male counterparts, “female sex offenders rarely use force or violence far less than often…rarely use threats of violence to silence victims…rarely use threats o...
Legally, one might wonder how sexual assault is defined. According to Massachusetts State law, there are two major categories of sexual assault against adults. One of these is rape, and the other is indecent assault and battery. Rape is defined as “sexual intercourse or unnatural sexual intercourse with a person and compels such person to submit by force and against his/her will, or compels such person to submit by threat of bodily injury.” Rape and attempted rape are punishable by up to 20 years in prison.
As just mention the term sexual predators generally is a “depreciatory term for a person attempting to initiate or initiating sexual contact with another person in a ‘predatory’ manner. It is most commonly used in reference to pedophiles that prey on innocent children, but may refer to any other sexually vulnerable group including the mentally disabled and elderly” (Segen’s Medical Dictionary, 2011). This paper will examine the state of Alabama’s laws that govern conduct considered predatory and the state’s approach to sexual predators. Furthermore, the initial laws and any revision of said laws will be analyzed to evaluate what is considered predatory in Alabama. The punishment for the laws will be examined as well as the judges’ discretion in the sentencing process. The activity necessary for prosecution to pursuit the case such mere solicitation or actually physical interaction will be discussed as well. In the finally portion of the paper this author opinion will be give regarding Alabama Sexual predator...
There are far more males serving for statutory rape within prisons than females. There are hardly any females reported being charged with statutory rape or being sued for the same crime. The law does state that males and females have the same punishment for statutory rape (Christopher, 2012). However, in many cases young boys do not report the crime because they look at it as an act of becoming a man to have sexual relations with not only young girls but older women as well. There are several cases in which young boys are charged with the crime of statutory rape even when all parties are involved and gave their consent. For example in one case, a fourteen year old boy was charged with statutory rape for being involved in sexual activities with three girls who were younger than the boy, two of th...
Bonnie, S. F., Francis, T. C., & Michael, G. T. (2000) The sexual victimization of college women. U.S. Department of Justice.
...young girls from sexually abused relationships. According to one study stated in Taking Sides (Issue 17), “seventy-four percent of women who had intercourse before age fourteen and sixty percent of women who had sex before fifteen report having had a forced sexual experience.“ Another hope is that with statutory rape laws, society will decrease the teen pregnancy rate and the number of young families who are fatherless.
“The laws governing sexual abuse are always constantly changing. For this reason, most people who work with sexual abuse survivors rely on the victims' feelings, not the law, when determining
Is anyone truly a stranger to nightmares? Has anyone not woken up in a feverish sweat with a racing pulse or pounding heart? Whose eyes have never wildly searched their room for the phantoms of a dream? Now, what if the familiar consolation of learning it was all in your head never came? How do you wake up from a nightmare that is, in fact, a reality? I think I’m getting ahead of myself. What I mean to say is, I was raped, and rape is a nightmare.