Published by Schmidt & Clark, LLP is not currently accepting these types of cases and has posted this content for information purposes only. We encourage you to seek a qualified attorney, if you feel you might have a case.
How is Rape Defined by U.S. Law?
In a significant step forward for survivors of sexual assault and their supporters, the United States Department of Justice (DOJ) [1] announced in January 2012 a revised definition of rape for nationwide data collection. This change aimed to improve the accuracy of reported rape cases across the country. The revision not only acknowledges the importance of every victim's experience but also sends a clear message to perpetrators that they will be held accountable for their actions.
The update was made possible by the collective efforts of survivors, advocates, law enforcement, and others who voiced the need for change. The previous definition of "forcible rape" within the FBI's Uniform Crime Report (UCR) Summary Reporting System (SRS) was outdated and limited, dating back to 1927. It narrowly defined rape as the forcible male penile penetration of a female vagina, failing to encompass the full scope of sexual assault.
The new definition is: “The 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.”
What is Statutory Rape?
According to WomensLaw, statutory rape is defined as engaging in sexual activity with a minor, even if the minor consents to the activity [2]. This is considered rape because the law deems minors too young to legally consent to sexual intercourse or contact. The age at which a person is considered too young to consent varies from state to state and can differ depending on the specific crime.
For instance, if an adult has consensual sex with a person under the age of 12, it might be considered first-degree rape, which carries a severe penalty. On the other hand, if an adult engages in consensual sex with a 16-year-old, it might be classified as third-degree rape, resulting in a less severe punishment. Additionally, some states require a significant age gap between the adult and the 16 or 17-year-old victim for the crime to be considered statutory rape, often 5 or 10 years.
According to Wikipedia, different jurisdictions use many different statutory terms for the crime, such as sexual assault, rape of a child, corruption of a minor, unlawful sex with a minor, carnal knowledge of a minor, sexual battery, or simply carnal knowledge [3]. The terms child sexual abuse or child molestation may also be used, but statutory rape generally refers to sex between an adult and a minor past the age of puberty, and may therefore be distinguished from child sexual abuse.
How Do Rape and Statutory Rape Differ?
The primary distinction between rape and statutory rape lies in the question of consent. In cases of statutory rape, the issue of consent is not considered.
Regardless of whether the victim agreed to the sexual activity, it is deemed irrelevant, as the victim is under the age of legal consent, usually 16 years old. Therefore, even if both parties willingly engaged in the sexual activity, it can still be classified as statutory rape if one or both individuals are 15 years old or younger.
Statutory Rape Statistics
Most (95%) statutory rape victims
were female.
◆ Regardless of victim gender, almost 3 of
every 5 victims of statutory rape were
age 14 or 15, with relatively equal proportions in each of these ages.
◆ More than 99% of the offenders of
female statutory rape victims were
male.
◆ Of all offenders of male statutory rape
victims, 94% were female.
◆ Of all offenders of female statutory
rape victims, 18% were younger than
age 18.
◆ Of all offenders of male statutory rape
victims, 70% were age 21 and older,
while 45% of offenders of female statutory rape victims were 21 and older.
◆ The median age difference between
female offenders and their male statutory rape victims was 9 years. The
median age difference between male
offenders and their female statutory
rape victims was 6 years.
◆ Three of every 10 statutory rape
offenders were boyfriends or girlfriends and 6 in 10 were acquaintances.
◆ An arrest occurred in 42% of statutory
rape incidents with the probability of
arrest declining
Source: U.S. Department of Justice Office of Justice and Delinquency Prevention [4]
Related Articles:
FAQs
Is consent a defense in statutory rape cases?
No, consent is not a defense in statutory rape cases because the law considers individuals below the age of consent incapable of giving legal consent.
Can statutory rape charges be filed if the victim lied about their age?
Yes, statutory rape charges can still be filed even if the victim lied about their age. The onus is on the adult to verify the age of their sexual partner.
Are there defenses available for those accused of statutory rape?
Defenses can include proving that the accused reasonably believed the victim was above the age of consent or challenging the credibility of the victim's testimony. Legal advice is crucial in such cases.
See all related sexual abuse lawsuits our lawyers covered so far.
Get a Free Lawsuit Evaluation With Our Lawyers
The Litigation Group at Schmidt & Clark, LLP is an experienced team of trial lawyers that focuses on the representation of plaintiffs in lawsuits. We are handling individual litigation nationwide and currently accepting new legal challenges in all 50 states.
If you or a loved one was involved with these matters, you should contact our law firm immediately for a free case evaluation. You may be entitled to a settlement by filing a suit and we can help.
References:
- https://www.justice.gov/archives/ovw/blog/updated-definition-rape
- https://www.womenslaw.org/about-abuse/forms-abuse/sexual-abuse-and-exploitation/sexual-assault-rape/basic-info/what-statutory
- https://en.wikipedia.org/wiki/Statutory_rape
- https://www.ojp.gov/pdffiles1/ojjdp/208803.pdf