Have you ever wondered what Statutory Rape really is? It is sexual intercourse with a minor. In humbler terms it is when a male adult 18 years or older has sexual intercourse with a female who is 17 years old or younger without consent. The issue that I have seen arise a great deal of the time is that the laws in most states are sexually biased when it comes to an adult male and an underage female. In this essay I want to specifically focus on the State of North Carolina, being that I live in this state.
There is more than one type of rape believe it or not. According to (Article 7A NCGA) There is 1st Degree of Rape which is a person is guilty of rape if the person engages in vaginal intercourse with a victim who is under the age of 13
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In other instances the cases are dismissed due to lack of evidence, no witnesses, or because of false or misleading information on the part of the accuser against the accused child rapist. In this instance because of false and misinformation from the accuser the accused male is given an unfair trial According to an article posted on (SexLaws.Org) there was a question and answer posted by a parent whose name is not mentioned in this article the parent lives in the state of North Carolina, and has a 15 year old teenage son. Her son wants to begin dating, but the only type of girls he seems to like are outside of his age range. They are older than him. In a case like this the child seems to only want to date someone who is of an older age than him. He may not know or fully understand that in the long run if things between the two do not work out for one reason or another then the child or the child’s parent may seek to quote un quote seek revenge on the older party in this situation. In cases similar to this it seems as if the parent may force the child to say that the older party in a situation like this has committed a crime, when in fact both the underage child and the older person were fully aware and conscious of the relationship they have between each other. In my opinion this poses
In all cases, sexual assault would be considered rape because it would involve non-consensual sex and other non-consensual sexual activities. Sometimes women can get severely injured and some even end up fighting for their lives. Recovering from a sexual assault is a
When asked to define the word rape, a number of responses may be given depending upon what country or state one lives in and if one is a male or female. According to Pandora’s Project.org, rape is defined as any sexual contact or penetration attained without consent; with physical force, intimidation, threat, trickery, or when the victim is mentally capacitated, physically or mentally impaired, asleep or unconscious; this includes due to voluntary or involuntary alcohol or drug consumption.
Rape is a physical attack, not sex. Rape crisis counselors and researchers define rape as an act of violence in which sex is used as a weapon (Benedict 2). A woman is raped in this country every two minutes. Between 1996 &1999 7,787,00 rapes were reported. The
Every part of our research statement has been defined now, and the purpose of defining each aspect ourselves was to not be over or under inclusive. The reason we have narrowed down the definition of sexual assault to just forced intercourse is because among a crime that is not often reported, rape is the aspect that females will most commonly report to authorities. We chose seventeen as our minimum age because it is the legal age of consent in Texas, and any female older than seventeen is also at risk of being raped on a campus. It may seem over inclusive to add every age over seventeen, but all sexual assault crimes, regardless of age, are reported in the Clery Act. Just studying females is important because they are the most likely population to be victims of sexual assault. Finally, public campuses are the only Universities we are using because data is more readily available and representative of actual crime rates.
Twenty-eight states fall under the category of “true non-consent states”, where the prosecution is not required to show that the offender used “force or threats of force against the victim”, and the defendant can be convicted of a sex offense by showing that the victim did not consent (Decker, 2011). While the majority fall under the first category, nine states can be identified as “contradictory non-consent states”, where the prosecution must prove either “the use of forcible compulsion or a victim’s incapacity to consent”; according to Decker, “requiring force or a lack of capacity to consent” completely counteracts the point of having a non-consent provision (Decker, 2011). The third category, “force states”, includes states that do not have non-consent sex offenses. Although the initial impression is that the majority of states have adopted non-consent standards, it is misleading because the number of states that are true to that definition shrinks as the statutes are examined more concisely (Decker, 2011). With that being said, in addition to defining consent and force, the concept of “rape” has also been clarified and developed.
Many cases throughout time have not resulted in a conviction being made, for the sole reason that the charges exceeded the statute of limitations. The statue of limitations is defined as “the maximum amount of time allowed for a party to initiate legal proceedings”(Legal dictionary, 2016). Present day, every state is entitled to their own statute of limitations on rape and sexual assault. 34 States currently have a statutes of limitations on rape/sexual assault. Some of these states have a statute of limitations but there is a DNA exemption rule, ruling that if a DNA match is made later than the statute then that case will be exempt from the statute of limitations. Only 16 states have no statute of limitations for rape and sexual assault (Filipovic, 2016, p .A23).
Some circumstances that constitute rape may be, the victim could be abused physically or mentally. Physically meaning by bruising, lacerations and trauma to the private areas. Mentally by not being able to remember much of what happened due to the experience being so traumatizing. The mental abuse could last for a life time which would possibly cause trust issues in future relationships. The victim may show signs of depression, guilt, anger etc.
Rape is a despicable crime that some can’t be forgiven or forgotten. Rape is an act of sexual violence towards another human being without their consents. It’s not only if you have their consent, they also have to be old enough. Rape will give you the consequences of going to jail. Doing so will affect the person that has committed it and the person that has been violated.
“Feminism has not prepared them for this,” states Camille Paglia in her essay “Rape: A Bigger Danger than Feminists Know.” The “them” in Paglia’s statement is referring to women, and she is discussing the topic of date rape. Susan Jacoby, on the other hand, writes in her article “Common Decency,” that feminism is not responsible for the rising cases of date rape, but that it is the men who are at fault. Paglia’s argument is insightful and accurate, but Jacoby’s writing is flawed and not well-researched. Paglia includes all rhetorical appeals and persuasive techniques, while Jacoby lacks in some departments of persuasiveness and fills the gap with logical fallacies. Comparing both of these papers will help the reader see why
This paper will discuss sexual assault policy from 1972 to 2013. Sexual assault has been addressed in six pieces of legislature. Two of the six policies are layered policies intended to amend failures in preceding policy. Current sexual assault policy exists in the form of Title IX of 1972, the Victims of Crime Act of 1984, the Jeanne Clery Act of 1990, the Campus SaVE Act of 2013, and the SAFER Act of 2013. Of the six, the Campus SaVE Act and SAFER Act were both created to amend earlier policy – the timeline of this amendment reflects several key actions by President Barack Obama and his Vice President Joe Biden. This will be further expand on later in this paper.
There are many ways in which a victim is preyed upon. Alcohol is the most widely used rape
Rape can be defined as being unlawful and unconsented vaginal or anal penetration. The source of penetration varies and includes penetration by using the finger, penis, or objects and can be penetrated into the mouth or the anus. The American Heritage college dictionary definition of rape, page 740 is “a sexual act committed by force especially on a woman”.
Statutory rape laws vary by state, with states setting the age of consent differently, as well as using different names to refer to this crime. Many states punish statutory rape under laws addressing sexual assault, rape, unlawful sexual intercourse or carnal knowledge of a child. There are very few federal laws dealing with statutory rape.
Statutory rape refers to the act of sexual intercourse in which one of the participants is below a certain age, as defined by law, at which they are deemed incapable of being able to consent to such behavior. The age of consent varies between states and has been altered over time and the history of such laws will be discussed later on. But this paper will know discuss the concept of sex being a social construct based upon rates of sexual activity in adolescents and behavioral problems that have resulted from sexual relationships. So what factors influence society’s perception of sex? Age, and age difference between partners is certainly a major component, being one of the most significant aspects of what is considered statutory rape. From the play, we know that Li’l Bit was 11 years old when she was first sexual assaulted by Peck, who is significantly older than she is. Harold
Statutory rape describes sexual activity where one participating party is below the age of consent to engage in the sexual conduct. The term usually refers to adults engaging in sexual activities with minors under the age of consent; however, only a handful of jurisdictions recognize the actual words "statutory rape" in its legal code. Statutory rape differs from forcible rape because imposed force or threat is not present during the sexual acts. However, the laws presume that adult coerced the minor into having sex because a minor or mentally challenged are unsuitable to make their own decisions, according to the courts. Statutory rape differs from "child molestation," which is typically treated as a far more severe crime.