Which translates roughly to: Current issues[ edit ] While there is broad support for the concept of statutory rape as criminal in the United States, there is substantial debate on how vigorously such cases should be pursued and under what circumstances. Sexual penetration is not only sexual intercourse. Statutory rape or sexual offense of person age 13, 14, or 15 is intercourse with someone age 13, 14, or 15 when the actor is 1 at least six years older and 2 between four and six years older.
Consensual teenage sex is common in the United States. Section 18, Rape of a young child, applies to children under The Council of Europe Convention on Action against Trafficking in Human Beings which came into force in also deals with commercial sexual exploitation of children. Article , dealing with sex with persons between 12 and 16 years, only applies outside of marriage, however a marriage with someone under 16 requires authorization from the Minister of Justice, which can only be obtained if there are "compelling reasons" for such a marriage. These include Canada in —from 14 to 16 ; and in Europe, Iceland in —from 14 to 15 , Lithuania in —from 14 to 16 , Croatia in —from 14 to 15 , and Spain in —from 13 to Resulting in higher statutory rape convictions, larger fines, and sex offender registration for teens in the LGBTQ community. Limon invalidated age of consent laws that discriminate based on sexual orientation in Kansas. Reducing the severity of the offense from a felony to a misdemeanor , which prevents loss of civil rights and reduces available penalties. This has led to gender-neutral laws in many jurisdictions. Rationale of statutory rape laws[ edit ] Statutory rape laws are based on the premise that an individual is legally incapable of consenting to sexual intercourse until that person reaches a certain age. In both the United Kingdom and Western Australia, for example, the age of consent was originally 21 for same-sex sexual activity between males with no laws regarding lesbian sexual activities , while it was 16 for heterosexual sexual activity; this is no longer the case. Reasonable belief that the victim is over the age of consent In some jurisdictions it is a defense if the accused can show that he or she reasonably believed the victim was over the age of consent. Sexual intercourse with someone under age Up to 40 years in prison Up to one year in prison. Rape to engage in deviate sexual intercourse with a complainant who is less than 1 13 years of age or 2 16 years of age and the actor is four or more years older. Defense that the actor was less than three years older than the victim at the time of the offense Second-degree rape to have sexual intercourse with a person under age In jurisdictions where the marriageable age is lower than the age of consent, those laws usually override the age of consent laws in the case of a married couple where one or both partners are below the age of consent. Several Western countries have raised their ages of consent recently. Therefore, if you are 16 and your girlfriend is 19, you are only 3 years apart and it is not statutory rape. Some jurisdictions also specify a minimum difference in age in order for the offense to be applicable. The higher number the category is, the higher is the fine. Sexual misconduct with a minor if a person at least age 18 engages in sexual intercourse with a child between ages 14 and Eliminating the requirement that the convicted participant register as a sex offender , or reducing the duration of such registration from life to one, five or ten years. For example, while the age of consent is 14 in Germany and 16 in Canada, it is illegal in both countries to engage in sexual activity with a person under 18 if the activity exploits the younger person. The enforcement practices of age-of-consent laws vary depending on the social sensibilities of the particular culture see above. In determining the penalty, it shall be an aggravating circumstance if the perpetrator has gained intercourse by exploiting their physical or mental superiority.
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