In addition, we would like to thank a number of evaluators for their support. Sarah Brown, Eva Klain and Brenda Rhodes Miller provided valuable advice and insight into legal issues and the policy implications of laws and reporting obligations. Their comments improved both the content and organization of the document. Under state law, it is also illegal for anyone over the age of 18 to have sex with anyone under the age of 16. If an adult has sex with someone under the age of 16, they will be guilty of legal rape. 11 Sexual intercourse with a person under the age of 16 is legal in certain circumstances. However, sexual interference with anyone under the age of 15 is illegal, regardless of the age of the accused. To varying degrees, all state laws provide instructions to mandated registrants for the reporting process.34 States generally require mandated registrants to notify the relevant authorities within one to three days of a case of suspected abuse. Commissioned journalists can usually make an initial report orally by telephone.35 About two-thirds of states require commissioned journalists to follow their first report with a more detailed written report.36 The term “lawful rape” appears in this document; However, few states have laws that specifically use this term. More commonly, a state`s law will include a number of offenses that include age-specific provisions relating to voluntary sexual acts and the age at which a person can lawfully consent to such acts.

For the purposes of this overview, “legal rape” refers to sexual acts that would be legal if at least one of the parties were not elderly. The summaries of individual States in section III of the report refer to specific offences that constitute lawful rape. However, some aspects of Kentucky law are confusing, such as the fact that 17-year-olds can have sex with someone 10 years older than them, but can only legally marry someone under 4 years older than them (and only with court permission). Learning more about changes to Kentucky law from a sex offense attorney in Lexington can help you stay out of trouble. The following table shows the legal age laws in Kentucky. In two-thirds of states, laws establish circumstances in which child abuse is a reportable crime, regardless of the relationship of the accused to the victim. In some states, the definition of child abuse includes all of the legal rape offenses listed in the penal code (e.g., North Dakota, Ohio, and Wyoming). In such cases, commissioned reporters are required to inform the relevant authorities if they suspect that a child has been a victim of any of these crimes.

In most cases, countries differ in the applicability of reporting obligations. The following examples illustrate the differences between these states. 12 Sexual acts with persons who are at least 16 years of age are unlawful only if the accused is 30 years of age or older. Understanding the different terms used in a state law is especially important in states where a person may be legally able to consent to one type of sexual activity but not another. For example, Alabama`s laws regarding the legality of sexual activity with people under the age of 16 and over the age of 12 differ depending on the type of activity. In cases involving sexual intercourse, defendants over the age of 16 who are at least 2 years older than the victim are guilty of second-degree rape. However, sexual touching is only illegal in cases where the accused is at least 19 years of age. ILLINOIS: The age of consent in Illinois is 17.

The 16-year-old is younger than the legal age of consent. In Illinois, if a person commits a sexual act with a person under the age of 17 but over the age of 13, and the person is less than 5 years older than the minor, they are guilty of criminal sexual abuse — even if both participants believed the sex was consensual. 10 In some cases, a state`s laws on sexual intercourse do not coincide with one or more of its laws on other types of sexual acts. For example, in South Dakota, sexual penetration with a person between the ages of 10 and 16 is illegal unless the defendant is less than 3 years older than the victim. However, sexual interference with a person under the age of 16 is unlawful regardless of the age of the defendant (in State v. Darby, 556 N.W.2d 311, 127 (SD 1996), the South Dakota Supreme Court held that these two offences could be mutually exclusive). These cases are identified in the corresponding situation summaries. Obviously, consent would not be an issue in the case of marriage, and while it was legal for minors to marry in Kentucky, the new legislation changed the legal age of marriage to 18 (although it does include a provision that a 17-year-old can apply for the right to marry if the person they want to marry was no older than four years old). Note: Because state laws change frequently, it`s important to confirm the accuracy of the laws you`re looking for by doing your own legal research or contacting a knowledgeable attorney.

In some countries, there are few specific circumstances in which crimes involving no person responsible for a child are considered reportable crimes. In Minnesota, for example, such a case is a reportable crime only if the journalist suspects that a defendant has sexually abused two or more children who are not related to the accused in the past 10 years. Rhode Island law requires reporting of non-family matters only in two situations: (1) if the defendant is under 18 years of age; or (2) if the designated reporter is a physician or nurse treating a child under 12 years of age who has been infected with a sexually transmitted disease. In Iowa, reporting requirements only apply to cases involving a custodian of the child in question. However, a separate provision obliges mandated rapporteurs to inform the competent authorities of all cases of sexual abuse involving a victim under the age of 12, regardless of the relationship of the accused to the victim. COLORADO: The age of consent in Colorado is 17, but it has a statue close to age. In Colorado, a person under the age of 15 can legally agree to have sex with someone under the age of 4. In addition, a person under the age of 17 may legally consent to have sexual intercourse with a person under the age of 10. So what does “consent” really mean? Simply put, this means that if you (or the other person) are at an age outside the legal parameters set by our elected representatives to decide who can and cannot have sex, you could be charged with a crime and, if convicted, go to jail for a very long time. Not to mention that you have to register as a sex offender. Consent laws are legal creations with no regard to anything other than demarcated boundaries.

If you are outside these boundaries, you are deemed to have committed what is commonly referred to as “legal rape.” There doesn`t have to be violence, violence, trickery, drugs or coercion – the only thing that matters for the purposes of criminal charges is your age and that of your partner. State laws differ in the extent to which legal rape is included in reporting requirements. In about one-third of states, mandatory reporting is limited to situations where the abuse was committed or permitted by a caregiver.26 Take Virginia as an example. Child abuse, a reportable crime, includes any sexual act that violates state criminal law, but is limited to acts committed by the victim`s parents or another person responsible for the child`s custody. MASSACHUSETTS: The age of consent in Massachusetts is 16. The judges based their decision on a Massachusetts law that set the legal age of sexual consent at 16. The law states that as long as the sexual relationship is not otherwise “illegal” or with a “chaste” person, an adult can “induce” a minor over the age of sixteen to have sex. Most often, however, all acts are illegal (with the same age requirements), but the severity of the penalty differs depending on the type of sexual activity. In Kentucky, for example, sexual activity with children under the age of 12 is illegal, regardless of the age of the accused. If the activities involve sexual contact, the accused is guilty of first-degree sexual assault (Class D felony); if it is sexual intercourse, the accused is guilty of first-degree rape (a Class A felony).

Other States require multidisciplinary teams to assume responsibility for the investigative process.