Preview

Statutory Rape In California Essay

Good Essays
Open Document
Open Document
667 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Statutory Rape In California Essay
This paper will examine the statutory rape laws within the state of California. It will look at the laws and punishment for coming statutory rape. It will also look at the laws regarding sexual acts toward children. Also, the paper will examine how these laws work to protect children from sexual abuse.
Statutory Rape Laws Statutory rape falls under the California Penal Code of 261.5 PC. This code states “statutory rape" takes place when any person engages in sexual intercourse with a person under the age of eighteen (18).1 The crime of statutory rape is also commonly referred to as "unlawful sex with a minor"...or as "unlawful sexual intercourse (Shouse California Law Group, 2015). This means that anyone over eighteen who has intercourse with someone who is under age eighteen, who in the state of California is considered a minor, then they are classified as having committed statutory rape. In the case of statutory rape, people may be charged in one of two ways. The first way is being charged in with a misdemeanor. The second is being charged with a felony. There are several factors that are taken into consideration, when deciding with which the person will be charged. People will be charged with a misdemeanor, if
…show more content…
I also feel that the laws for sexual child abuse are also very strong and able to protect children. The punishment for sexual assault on a child is fifteen years to life of imprisonment. Also if you have committed a sexual crime against a child, then you are legally required to register as a sexual offender. This requires you to live a certain distance away from areas that have children present on a regular basis (W/K Law Corporation, 2015). I feel like this would help to prevent these individuals from have access to children. However, even with these precautions put into place, there are still too many cases of sexual assault against

You May Also Find These Documents Helpful

  • Good Essays

    First, it should be considered that Statutory Rape laws in the US protect the exploitation of minors by seniors in terms of sexual issues, which is why it was illegal for Koso to have had an affair with the girl. According to the Statutory Rape laws of Nebraska, it is illegal for an individual above…

    • 312 Words
    • 2 Pages
    Good Essays
  • Powerful Essays

    Webquest

    • 2845 Words
    • 12 Pages

    b How much older than the victim must the perpetrator be in order for the intercourse to be considered statutory rape?…

    • 2845 Words
    • 12 Pages
    Powerful Essays
  • Good Essays

    The meaning of the phrase "crimes are statutory offenses" is that in order for the government to convict a defendant of a crime, the government must (1) demonstrate that the suspect acts disobey a criminal statute; (2) prove a reasonable doubt that the suspect committed the acts; and (3) prove that the suspect had the capacity to form a criminal intent (Mallory et al., 2015, pg. 135). Since the definition of statutory offenses means "the wrong punishable under a statue, rather than at common law" (dictionary.com, n.d). An example of a statutory offenses would be like someone who is driving under the influences (DUI) or even someone who was harassing someone.…

    • 676 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Statutory Rape

    • 452 Words
    • 2 Pages

    1. In some jurisdictions- sexual activities below the age required to legally consent to the behavior, it can also be charged with sexual behaviors with two under aged minors.…

    • 452 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Forcible Rape is the index offense chosen from the Uniform Crime Report. This program forcible rape is defined as the carnal knowledge of a female forcibly against her will. This program includes all assaults and attempts to commit rape by force or threaten of force. But if a person should perform statutory rape without force and any other sex offenses this procedures will not be included in the program forcible rape is excluded. (U.S. Department of Justice-Federal Bureau of Investigation, 2005)…

    • 678 Words
    • 3 Pages
    Good Essays
  • Better Essays

    According to the law statutory rape refers to having sexual relation with someone under the “age of consent.” People under the age of consent cannot legally agree to have sex, so having sex with them breaks the law. In most to all of the states they age of consent is usually 17, the rest is 18. However, if the couple are three years within each other and not younger than the age 14, then that wouldn’t be considered to be statutory rape. These laws were set into place to protect young people based on the idea that they are not mentally or physically mature to consent to sex.…

    • 1498 Words
    • 6 Pages
    Better Essays
  • Satisfactory Essays

    Against Statutory Rape

    • 313 Words
    • 2 Pages

    For many years statutory rape has been a main issue across the whole United States. There are many different and types of statutory rapes depending on what state it was committed in and exact details of the encounter. Now we do not believe in all types of statutory rape being right because there are all different kinds of them as we have said before. some of them are where innocent minors have been tortured and harmed purposely and we grieve and pray for them, but the ones who allowed it are the ones who we are talking about and are against. They should not be allowed under any circumstances to press charges against the person who did it to them. What we exactly want is to charge and modify the laws of statutory rape by saying that have common…

    • 313 Words
    • 2 Pages
    Satisfactory Essays
  • Powerful Essays

    Criminal Law Reform Essay

    • 1772 Words
    • 8 Pages

    The legal system has proven to be moderately effective in addressing the issue of sexual assault with regard to law reform. Sexual assault is the term used for criminal offences involving unwanted sexual contact. This can include unwanted touching or groping, indecent acts of other kinds and rape, and this can occur from any type of perpetrator, someone that the victim has a relationship with or a stranger. There are many problems regarding the issue of sexual assault, such as consent, and under reporting.…

    • 1772 Words
    • 8 Pages
    Powerful Essays
  • Good Essays

    First Degree Sexual Abuse: In Washington, DC there are two key factors that help determine whether a particular sexual offense can be classified as first degree sexual abuse. The first factor is the requirement that the individual either engages another individual in a sexual act or somehow causes the other individual to participate in or engage in a sexual act. The second factor address exactly how this sexual act transpires. It could be that the offender used actual physical force against the other individual. It could be that the offender threatened the other person by inducing fear so that if he or she did not submit, the victim would be subjected to bodily harm/injury, kidnapping or death. This reasoning also covers broader threats - for example if the offender threatens to harm, hurt or kill a family member if the victim does not submit to the sex act. First degree sexual abuse also includes date rape. For example, if the victim is rendered unconscious either by force or by use of any intoxicant (drug, alcohol) thus impairing the mental status and capability of the victim or impairing the individual's ability to control his or her…

    • 494 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Statutory rape is a strict liability crime. It is defined as “sex between an adult and a minor below the age of consent at the time the offense takes place” (Uslegal.com). This also includes persons who lack the ability of consenting to sex because of physical and mental incapabilities. The Model Penal Code lists Statutory Rape as, “male who has sexual intercourse with a female not his wife, or any person who engages in deviate sexual intercourse or causes another to engage in deviate sexual intercourse, is guilty of an offense if:(a) the other person is less than [16] years old and the actor is at least [four] years older than the other person; or (b)the other person is less than 21 years old and the actor is his guardian or otherwise responsible…

    • 2341 Words
    • 10 Pages
    Good Essays
  • Good Essays

    Adam Walsh Research Paper

    • 785 Words
    • 4 Pages

    The Adam Walsh Child Protection and Safety Act is one way to monitor sex offenders however it can’t stop everything on its own. With the help of probation and parole teams, the use of unannounced searches and enforcing a rehabilitation program provides a strong sense of protection of our children. Just because you have a sex offender mandated to register themselves, it is like a band-aide, as the perpetrator is getting no form of prevention treatment. There is a higher chance of re-offending to the same degree or even a higher degree without some type of effective…

    • 785 Words
    • 4 Pages
    Good Essays
  • Powerful Essays

    Rape is considered a type of sexual assault, which is initiated by one or more people against another person without that persons consent. The act may have been forced, under threat, or with a person who is incapable to give a valid consent(1). The definition of rape has changed throughout history and is different in different parts of the world. According to the American Medical Association, sexual violence, and rape in particular, is considered the most under-reported violent crime(2). There have been significant changes to improve the treatment of sexual assault victims in the last two decades.…

    • 1844 Words
    • 8 Pages
    Powerful Essays
  • Good Essays

    Sexual violence is any sexual activity executed against a person’s will (Macionis 2013). This can be experienced by anyone at any age, mostly females. The aggressor can be someone very close to the victim, not limited to, a family member, neighbor, co-worker or friend (http://www.cdc.gov). Sexual violence can include physical acts such as rape, which is undesirable touching, and date rape, that involves someone known. Sexual harassment and threats are another form of violence, but do not involve physical contact. Rape is a way to show dominance and degrade a person in a sex act. The government’s definition of date rape is, “the carnal knowledge of a female forcibly and against her will (Macionis 2013).” Known individuals, in familiar places, perpetrate date rape. It is referred to as, “acquaintance rape” forcibly sexual violence against women by men they know (Laumann et al., 1994: The U.S. Department of Justice, 2011(Macionis 2013). This is why we should pay very close attention who we…

    • 2331 Words
    • 7 Pages
    Good Essays
  • Good Essays

    Licensing Parents Essay

    • 759 Words
    • 4 Pages

    Child abuse or child neglect related incidences on average result in four deaths per day in the United States (Child Welfare, 2012). This is an alarming fact that has poisoned our communities and crippled the belief that our country is a safe environment for our children, the future leaders of our nation. Are there possibilities to prevent these horrible crimes on innocent children?…

    • 759 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Age of consent

    • 685 Words
    • 3 Pages

    When a person is caught having sex or any other sexual activity, with someone that is below the age of consent (16) the person may be charged or punished as a sex offender. When there is a sexual misconduct with a minor in the first degree it is a class C felony. In all states , dating , hugging , holding hands and or kissing are not illegal , but in some states fondling ,…

    • 685 Words
    • 3 Pages
    Good Essays