In at least one case, U.S. courts have ruled that male victims of lawful child rape resulting from the crime can be held liable for child support. In County of San Luis Obispo v. Nathaniel J., 15-year-old victim Nathaniel J. discussed a future relationship with the perpetrator (a 34-year-old woman) and stated that sex was “mutually acceptable”. In light of this statement, the California Court of Appeals held Nathaniel J. financially responsible for his child. The court said the boy was “not an innocent victim” of sex. [23] [24] In another case of a 21-year-old woman who raped an 11-year-old man, the woman was sentenced to six months` probation; The verdict appeared to criminalize the victim, as the judge said: “After reading everything in front of me, it was pretty clear that he was an 11-year-old mature child and you were an immature 20-year-old, so the arithmetic age difference between you decreases.” [25] The crime of lawful rape is defined in Massachusetts General Laws c. 265, p.

23 as when a person unlawfully engages in sexual intercourse or unnatural sexual intercourse and abuses a minor under the age of 16. The law provides that the crime is punishable by life imprisonment or any term of imprisonment of several years in the state prison or reformatory. Each second or subsequent crime of legal rape carries a mandatory sentence of 5 years after conviction. Historically, a man could defend himself against legal allegations of rape by proving that his victim had already been sexually experienced before they met (and therefore not corrupted by the accused). [13] The requirement that the victim be “of a previously chaste character” remained in effect in some U.S. states until the 1990s. [14] In other countries, there are fewer limits to the applicability of reporting requirements to legal rape. Often, these restrictions are based on the age of the victim and/or accused. For example, in California, any sexual activity with minors is illegal. However, the reporting requirements only apply to violations of certain crimes – namely, those relating to situations involving victims under the age of 16 where there is a particularly large age difference between the two parties.27 Oberman notes that the rise of feminism has greatly influenced changes in rape laws. The laws remained largely unchanged until the late 19th century, when feminists sought to raise the age of consent to protect young women from potentially forced relationships. As a result of these efforts, the average age of consent has increased from 12 to 18.

In the 1970s, second-wave feminists began to question the underlying principles of legal rape laws. While recognizing the importance of protecting vulnerable minors from forced and abusive sex, they want to ensure that laws do not unduly restrict young women`s sexual autonomy. In addition, there has been strong pressure to make the laws gender-neutral. In States where the definition of child abuse does not explicitly refer to legal rape, discrepancies between the legality of certain sexual activities and whether they are reportable crimes are more frequent. Consider the following examples: in legal rape, open violence or threats are usually absent. Statutory rape laws involve coercion because a minor or mentally disabled adult is legally incapable of consenting to the act. 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. Legal requirements for reporting rape are usually found in the sections of state codes dealing with minors, children and families, family relationships, or social services, while the penal or penal code deals with the legality of certain crimes. This section of the report summarizes States` obligations to report child abuse and the extent to which they address the issue of legal rape. It is divided into four subsections. Historically, legal rape has been a “no-fault responsibility,” meaning that it doesn`t matter if the actor knew the other person was too young to consent to sex. Some states now allow a defense of honest mistakes. Basically, the actor argues: “I honestly thought she was quite old because… Other states, however, do not recognize this defence. Unlike the crime of rape, statutory rape does not require the prosecutor to prove that the perpetrator engaged in acts of violence, coercion or other acts indicating that the victim was unwilling to voluntarily engage in sexual relations. For this reason, legal rape can occur, even if both participants were willing and willing to have sex. Due to the fact that the youngest participant is legally incapable of consenting, only age does the act of sexual rape. It is therefore imperative that people who enter into sexual relations are sure of the age and identity of their partners.

A similar affirmative defense exists in the Texas Penal Code for the related crime of “continuous sexual abuse of one or more young children.” However, any defense under either law does not apply to the separate crime of “inappropriate relationship between educator and student” (sexual relations between a certified teacher or school employee and a student of the same school) or “aggravated sexual assault” (the violent rape law of Texas law). 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. The usual punishment for legal rape is jail, sometimes accompanied by a hefty fine and an order to register as a sex offender. A number of factors affect the severity of the penalty in a particular case. One is the age of the victim: the younger the crime, the more serious the crime. Other factors can influence a punishment: Traditionally, legal rape has been considered a crime with strict liability, meaning that the perpetrator`s knowledge or belief about the victim`s age was irrelevant.

This meant that even if the victim told the perpetrator that she was 19 or 20 years old, he could still be charged with legal rape because the victim had not reached the age of consent. This remains the case in many states, but some have adopted a defence that allows the abuser to argue that he or she reasonably believed that the victim was old enough to consent to sexual relations. The availability of this defense depends on the laws of your state. In May 2006, the Irish Supreme Court declared existing statutory rape laws unconstitutional because they prevented the accused from defending himself (for example, that he had reasonably assumed that the other party was over the age of consent). [43] This has led to the release of people detained under the rape law and has led to public calls for changes to the law through emergency laws. On 2 June 2006, the Irish Supreme Court upheld the State`s appeal against the release of such a person, hereinafter “Mr A.”. Mr. A was arrested again shortly thereafter to continue serving his sentence. [44] Legal rape is the crime of sexual intercourse with a minor when sexual intercourse is agreed upon by both parties and not forced. The reason it is considered rape is that the minor is considered too young to legally consent to sexual intercourse or sexual touching.