2007-10-07 23:26:31 · 5 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Statutory rape is sexual intercourse with a person (male or female) that is deamed by state law to be underage. Some states have a "grace period" in which a person who is of legal age has sex with a minor would not be under that statutory rape clause do to certain circumstances (the main being an 18 y/o who is in highschool that has sex with a 16 or 17 year old). Just remember, a minor is not refered to as jail-bait for nothing. Treat them like something very expensive by looking and NOT touching.
2007-10-07 23:51:00 · answer #1 · answered by ChaRiaLer 4 · 0⤊ 1⤋
The important thing to remember about statutory rape is that, as a statutory offense, mental state/intent is irrelevant. That means that it does not matter if the sex was "consensual." The law assumes that a minor child is incapable of granting consent, so it just doesn't matter. All that is relevant is that the prosecution can prove 1) Sex occurred (this may be intercourse or oral, depending on jurisdiction) and that the parties met the age requirements in the jurisdiction. Those will vary considerably depending on state.
2007-10-08 08:16:54 · answer #2 · answered by jurydoc 7 · 0⤊ 0⤋
Statutory rape is carnal knowledge (intercourse) with a person not of legal age. So, they need to prove intercourse and that the person, at the time of intercourse, was a minor.
2007-10-08 06:42:42 · answer #3 · answered by k_l_parrish 3 · 1⤊ 0⤋
i'd assume the normal physical evidence. the doctor exam and collection of physical evidence. the statement from the minor / parents. proof of pregnancy or std. other witnesses ?
2007-10-08 06:30:12 · answer #4 · answered by Mildred S 6 · 1⤊ 0⤋
The age of the Male and Female. if one is under the legal age the parents have the right to file charges no matter if it was consensual.
2007-10-08 06:41:53 · answer #5 · answered by bulletbob36 3 · 1⤊ 1⤋