The modern definition of rape can vary widely in each state. Traditionally it was considered sexual intercourse between a man and a woman that was done forcibly against the woman's will. However, many states do not put as much emphasis on the "forcible" requirement now, so that situations like a man having sex with a drugged woman, or a man using false pretenses to have sex with a woman, could be considered rape.
In many states rape laws are gender-neutral, so they apply not only to acts between a man and a woman, but also between individuals of the same sex.
While the statutes defining statutory rape vary from state to state, it is usually the act of sexual intercourse by an older person with a female who is considered a minor. It is common for states to define it in a two-level approach:
Most statutes refer to victims and perpetrators as "persons" rather than mention a specific gender or sex. However, enforcement of statutory rape laws against adult women who have sex with boys below the age of consent is not always reported and not always prosecuted. State prosecutors don’t always bring charges against women who commit statutory rape against minor boys because there is a social stereotype that the teenage or minor boy was "lucky" or that the statutory rape was okay because the boy wanted the sex.
If you believe a young boy was the victim of statutory rape, you should report it to the police. The state might not prosecute it, but that’s for prosecutors to decide, not average citizens.
Statutory rape between homosexuals is broken down into two groups:
Besides homicide, rape is generally considered the most serious crime. The penalties for rape vary from state to state, but commonly the maximum penalty is life in prison or a lengthy sentence of many years.
There are a few defenses to statutory rape:
A criminal defense attorney can be vital to defending rape charges. A criminal defense lawyer knows your state's rape laws and has experience defending people charged with similar crimes.
Last Modified: 11-06-2017 11:56 PM PSTLaw Library Disclaimer
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