Statutory Rape: A Strict Liability Crime
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
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Studies find that a higher percentage of teenage pregnancy comes from adult males and sexually transmitted diseases as well. Researchers find “65% of 15-19-year-old mothers had a partner aged 20 or older” (Family Planning Perspectives,29:61-66, 1997) . Every day there are children who are preyed upon my men and women and this is the reason why this law is favorable. However, modification of this law needs to be implicated. Statutory rape laws in place mean having the government interfere and keep telling citizens what to do. There are many laws that tells individuals what to do with their body such as wearing helmets, seat belts, dress codes, etc. Who a person chooses to have sex with is a personal choice and is an entitled liberty. I find statutory rape to be a victimless crime. Two people consented to sex and if a “child” is manipulated or coerced, when does parenting play a role and why isn’t that a factor? If a child makes a dumb decision, should they be protected by law because of it? A statutory rape conviction on a person’s record can have many restrictions on employment, social recreations, housing, etc. The only individuals this should affect are the predators of children, not everyone that is convicted of this crime. While it punishes the offender, how does it help the victim? Are teenagers not allowed to explore their sexuality? The best way children can learn from their mistakes are experiences they
Studies find that a higher percentage of teenage pregnancy comes from adult males and sexually transmitted diseases as well. Researchers find “65% of 15-19-year-old mothers had a partner aged 20 or older” (Family Planning Perspectives,29:61-66, 1997) . Every day there are children who are preyed upon my men and women and this is the reason why this law is favorable. However, modification of this law needs to be implicated. Statutory rape laws in place mean having the government interfere and keep telling citizens what to do. There are many laws that tells individuals what to do with their body such as wearing helmets, seat belts, dress codes, etc. Who a person chooses to have sex with is a personal choice and is an entitled liberty. I find statutory rape to be a victimless crime. Two people consented to sex and if a “child” is manipulated or coerced, when does parenting play a role and why isn’t that a factor? If a child makes a dumb decision, should they be protected by law because of it? A statutory rape conviction on a person’s record can have many restrictions on employment, social recreations, housing, etc. The only individuals this should affect are the predators of children, not everyone that is convicted of this crime. While it punishes the offender, how does it help the victim? Are teenagers not allowed to explore their sexuality? The best way children can learn from their mistakes are experiences they