Minimal age difference – Not actually a defense but lesser penalties.Mistake of age – You thought the victim was beyond age of consent and a reasonable person would also have believed the same.Marriage – If you are married the age of consent does not apply.Romeo and Juliet laws provide reduced penalties or defense in these situations.Īlthough California does not have a Romeo and Juliet law, there are some defenses to a charge of sex with a minor or a statutory rape charge: The “victim” may even have initiated the conduct. Frequently, the defendant thought the sex was consensual. In many cases, the difference in age is minimal (ie: perpetrator is 19 and victim is 17). Often, a defendant is convicted of having sex with a boyfriend or girlfriend. Over time, states have come to realize that some laws are unfair. Defenses to a Statutory Rape ChargeĪ conviction for a sex offense can devastate an individual. If the victim is age 13 or younger, or the victim is 14 or 15 and the perpetrator is at least ten years older than the victim, the potential penalties increase dramatically.Ĭivil penalties ranging from $2,000 to $25,000 may also be imposed. Sexual intercourse between a perpetrator 21 years or older and a victim is under 16 years old is a misdemeanor or felony punishable by up to four years in prison. Sexual intercourse with a minor who is more than three years younger than the perpetrator is either a misdemeanor or a felony punishable by up to a year in jail or prison. Sex with a minor who is not three years older or younger than the perpetrator is a misdemeanor. Difference in age between the perpetrator and the victim. Just to be clear, if you are over the age of 18 and you have sex with someone under the age of 18 you are committing a crime in the state of California. Sex without consent is a criminal offense. From a legal perspective, it does not matter that teenagers under the age of 18 do have sex willingly – the law says they are unable to give consent. Anyone under the age of 18 is not legally able to give consent to engage in sexual relations. Today the age of consent ranges from 16 to 18 years old. The age of majority applies to things like voting, ability to enter into contracts, and consent to sexual relations. States began to enact laws setting the age of majority. Industrialization meant less need to work a farm. It became more common to continue education beyond school. Societal norms changed throughout the 21st century. Need for labor – Children were often needed to help work a family farm or business.Įarly marriage meant it was considered normal to have sex at a younger age. Instead, people started working earlier in life. Education – Unlike today, most people did not continue their education through college and graduate school.By the year 2000, a woman’s life expectancy grew to over 80 years. Life expectancy – In 1900, a woman’s life expectancy was just under 50 years.Some common reasons for marrying young were: Many women were already married by the time they reached the age of 20 a century ago. However, by 2010, the median age of marriage for a woman increased to 27 and the median age of marriage for a man increased to 28.5. In the year 1900, the median age of marriage for a woman was 20 and the median age of marriage for a man was 24. In the past, it was not uncommon for people to marry much younger than today. California does not have a Romeo and Juliet law. These new laws have come to be called “Romeo and Juliet” laws after the star-crossed Shakespearean lovers. In recent decades many states across the country have re-written their statutory rape laws and/or added a defense to address situations where the individuals involved are close in age and the sexual conduct was consensual – even if not legally consensual. Statutory rape laws are intended to punish adults who engage in sexual conduct with minors.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |