Children and Youth in History | Age of Consent Laws
California statutory rape law is violated when a person has consensual sexual intercourse with an individual under age 18 who is not their spouse. Punishments . Under the Alaska age of consent laws, it is second degree sexual abuse for someone aged 16 or older to engage in sexual penetration with an individual. Introduction. In western law, the age of consent is the age at which an individual is treated as capable of consenting to sexual activity. Consequently, any one.
Near the end of the 18th century, other European nations began to enact age of consent laws. The broad context for that change was the emergence of an Enlightenment concept of childhood focused on development and growth. This notion cast children as more distinct in nature from adults than previously imagined, and as particularly vulnerable to harm in the years around puberty.
The French Napoleonic code provided the legal context in when it established an age of consent of 11 years. The age of consent, which applied to boys as well as girls, was increased to 13 years in Like France, many other countries, increased the age of consent to 13 in the 19th century. Nations, such as Portugal, Spain, Denmark and the Swiss cantons, that adopted or mirrored the Napoleonic code likewise initially set the age of consent at years and then raised it to between 13 and 16 years in the second half of the 19th century.
InEngland raised the age to 13 years; an act of sexual intercourse with a girl younger than 13 was a felony. Nor did Anglo-American law apply to boys. Behind the inconsistency of these different laws was the lack of an obvious age to incorporate into law.
Although scientists and physicians had established that menstruation and puberty occurred on average around age 14 in Europe at this time, different individuals experienced it at different ages -- a fluid situation at odds with the arbitrary line drawn by whatever age was incorporated into law. At the end of 19th century, moral reformers drew the age of consent into campaigns against prostitution. Revelations of child prostitution were central to those campaigns, a situation that resulted, reformers argued, from men taking advantage of the innocence of girls just over the age of consent.
The outcry it provoked pushed British legislators to raise the age of consent to 16 years, and stirred reformers in the U.
ByAnglo-American legislators had responded by increasing the age of consent to 16 years, and even as high as 18 years. While those ages were well beyond the normal age of menstruation, proponents justified them on scientific grounds that psychological maturity came later than physiological maturity.
They also argued that the age of consent should be aligned with other benchmarks of development, such as the age at which girls could enter into contracts and hold property rights, typically 21 years.
Statutory Rape: The Age of Consent
Opponents remained focused on physiological maturity, however, and argued that girls in their teens were sufficiently developed not to need legal protection. Moreover, they argued, by late adolescence girls possessed sufficient understanding about how to use the law to blackmail unwary men.
Historians have argued that increasing the age of consent also gave the law a more pronounced regulatory dimension. In practice, these laws were often used to control the behavior of the working-class girls.
Yet reformers at the time saw no distinction between protection and regulation: In addition to class, the intersection of race and age also gave the law a regulatory character. In India, for example, the prevalence of the custom of child marriage among Hindus led the British colonial authorities to apply the age of consent to married as well as unmarried girls, thereby creating a crime of marital rape that did not exist in British law.
The Indian Penal Code set the age at 10 years; in the age of consent but not the age of marriage was raised to 12 years. As a result, the age of consent regulated the consummation of marriage, ensuring that it was delayed until an age when Indian girls were considered likely to have begun menstruating.
A furious debate preceded the enactment of the law, focused in large part on whether the law violated the commitment the British government had made in not to interfere in native cultures. That Indian law set the age lower than British law reflected ideas that non-white races "matured earlier," in part because of the environments in which they originated. Australian legislators even claimed that white girls living in sub-tropical climates "ripened" into women earlier than those in Europe.
The behavior of underage girls gave support to both proponents and opponents of the increased age of consent. Assuming that the victim is over the age of legal consent in Nebraska, consent may be a viable defense. Pursuant to NRS Accordingly, sexual conduct between the parties presently is legal.
However, when the male was 19 and the female was 15 sexual conduct between the two constituted statutory sexual seduction commonly known as statutory rape in most states.
The legal age of consent in New Hampshire is Sexual assault is motivated by sexual desire. In New Jersey, the age of consent for sexual conduct is 16 years old. As a general matter, this means that a person who is 16 years old can generally consent to have sex with any adult, regardless of age.
In New Mexico, the age of consent is 17 years old. If an adult an individual over the age of 18 has sex with a minor between the ages of 13 and 16, the adult may be prosecuted for 4th degree criminal sexual penetration. In New York, the age of consent for sex is 17 years old. This applies to men and women, and applies to both heterosexual and homosexual conduct.
New York has allowances for minors who are below the age of consent but are close to the same age. This close-in-age exception exists because statutory rape laws are meant to prevent minors from being sexually exploited by adults. It is not meant to punish individuals who are close in age for engaging in consensual, non-exploitative sexual conduct. In North Carolina, the age of consent for sexual intercourse is 16 years old.
However, there are some notable exceptions. An employee of a school cannot have any sexual activity with any student at that school, unless they are married. In North Dakota, the age of consent for sexual intercourse is 18 years old. This applies to both males and females, and to both heterosexual and homosexual conduct. Violating age of consent laws is considered statutory rape. Sex with someone under the age of 16 in Ohio is presumptively statutory rape.
In Oklahoma, the age of consent is 16, and the law recognizes an age differential of two years. In Oregon, the age of consent for sex is 18 years old. This applies to everyone; it applies to both men and women, and to both heterosexual and homosexual conduct. The age of consent in Pennsylvania is 16 years of age for statutory sexual assault and 18 years for corruption of minors. Teenagers aged 13, 14 and 15 may or may not be able to legally engage in sexual activity with partners who are less than 4 years older.
In Rhode Island a person is guilty of statutory rape if he or she is over the age of eighteen 18 and the victim is between fourteen 14 years old and under the age of consent which is sixteen The legal age of consent in South Carolina is However, individuals as young as 14 years old are able to consent to have sex with a partner who is 18 years old or younger. Submitting to coercion, especially of an aggravated nature, is not consent. While a 16 year old is old enough to consent to a sexual relationship they could face a felony child pornography charge if they are caught sexting.
Tennessee — Age of Consent. The Crown prosecutor and the Victim Services Coordinator will explain the process to you. Can the defence lawyer use my past sexual activities to suggest that I consented this time? Your past sexual activities with anyone other than the accused would not be considered relevant to the issue of consent for this particular offence.
The defence lawyer cannot use evidence about your past sexual activities to show: Is the trial open to the public? Usually the trial is open to the public but you have a right to keep your identity protected. This is called a publication ban. Victim Services will explain the various protections that may be available.
Sentencing in Sexual Offence Cases What happens when a person is found guilty? Usually the judge will not sentence the offender immediately. The judge will set a date for sentencing and may ask for a pre-sentence report on the offender.
The pre-sentence report is done by a probation officer. Can victims tell the Court how the crime has affected them? Yes, victims have the right to make a written Victim Impact Statement which can be filed with the court when the accused has been found guilty. See the pamphlet Victim Impact Statements. The judge must consider your statement, among other things, in deciding on the sentence.
If you wish, you can ask to read your statement aloud at the sentencing hearing. What type of sentence might an offender get? The punishments for sexual assault and sexual offences may range from a fine, to life in prison. The judge can also give a suspended sentence or probation.
Convictions for child exploitation offences carry a mandatory minimum sentence. In deciding what sentence to give the judge looks at: What should I do if someone sexually assaults me? Call the police or RCMP. In an emergency dial Tell the police where you are and what happened. The police can take you to the hospital right away where healthcare professionals can do an examination and gather evidence. Certain municipal police forces have victim service units.
Age of consent - Wikipedia
These units often offer crisis counseling. Also, they may have staff or volunteers who will accompany the police when they are talking to a sexual assault victim. What will the police want to know?
The police will ask you a lot of detailed questions. Write down everything you can remember, including: The police will either write your answers in a statement or they will use audio or videotape to record your answers. What if I do not call the police? Even if you do not call the police right away, get medical attention.
Go to the nearest hospital. The healthcare professional will examine you for injuries and explain the risk of pregnancy, AIDS and sexually transmitted diseases. A specially trained healthcare professional may be available at the hospital to help you and to give you support.
You can also get support and help 24 hours a day from a sexual assault centre or a crisis line. They have experience talking to people who have been sexually assaulted. They can give information and answer your questions. I was sexually assaulted six months ago.