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Nov
5th
2019

This report is really a compilation of state rules and reporting needs

This report is really a compilation of state rules and reporting needs

In 2003, any office regarding the Assistant Secretary for preparing and Evaluation (ASPE) in the U.S. Department of Health and Human Services (HHS) contracted using the Lewin Group to explore how three federally funded programs which have connection with adolescents Title X household planning clinics, Health Resources and solutions Administration-supported health facilities, and son or daughter protective services address statutory rape inside their customer populations. The multi-phase, descriptive research will gather information regarding state rules, federal guidance to programs, and grantees and regional workplaces methods. The findings may help HHS to ascertain if extra guidance is required.

It gives a summary of state rape that is statutory and reporting requirements, also a summary of laws and regulations for every state while the District of Columbia. This report is certainly not designed to be considered a document that is legal. It really is made to provide information that is useful state and federal policymakers that are thinking about just how state statutes address statutory rape. In addition it is supposed to act as a reference for HHS grantees.

Background

To know if statutory rape has taken place and whether it should really be reported (also to who), system staff and policy manufacturers should be knowledgeable about two sets of regulations: unlawful and civil codes. The previous relates to the legality of intimate tasks involving minors, even though the latter defines people responsibilities that are reporting. In a nutshell, there isn’t any one size fits all statutory legislation that guides the identification and reporting of statutory rape. Instead, there is certainly wide variation in state codes. What’s a reportable offense in one state can be away from purview of police force or kid protective services an additional.

1. Criminal Laws

Criminal regulations cope with the legality of intimate functions. Statutory rape legislation assume that most intimate tasks involving people below an age that is certain coercive. It is true just because both ongoing events think their participation is voluntary. Generally speaking, statutory rape rules define the age below which a person is lawfully incompetent at consenting to sex. To complicate issues, few states make use of the term rape that is statutory their unlawful codes. More regularly, a states rule will deal with legality of various intimate tasks involving minors ( e.g., intimate contact versus penetration). It is sometimes hard to determine the applicable legislation since they are usually embedded when you look at the area of the rule working with other intimate offenses ( ag e.g., intimate attack, forcible rape).

A standard misconception about statutory rape is the fact that there clearly was an individual age of which an individual may lawfully consent to activity that is sexual. This age ranges from 16 to 18 years old in fact, only 12 states have a single age of consent; in these states. In the residual states, the chronilogical age of permission varies according to a number of of this following factors: age differences when considering the lovers, the chronilogical age of the victim, therefore the chronilogical age of the defendant. Each is described below.

State the has an age that is single of. In this state, a man or woman under age 18 cannot permission to intercourse, regardless of chronilogical age of one other celebration. Hence, intimate relations between two 17-year-olds will be unlawful, since would relations from a 17-year-old and a 25-year-old.

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