My Son Is Dating a Minor: Should I Be Worried About the Legal Implications?
The purpose behind most statutory rape laws is to punish grown adults who take sexual advantage of a minor. The following are just a few examples of Romeo and Juliet laws currently in place in the United States:.
Exceptions and Other Considerations In addition to Romeo and Juliet laws, some states have specific exemptions when both parties to the sexual act are minors, or the person to be charged is legally married to the minor. However, there are still restrictions in some states about the type of sexual activity that is permissible, such as oral sex and sodomy, as well as restrictions on relationships involving a minor and a person of authority, including teachers, coaches, or tutors.
All states have special provisions if any physical force was used or serious physical injury resulted. Until recently, statutory rape laws applied only to females, ignoring situations involving sex between an adult female and underage male.
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- Texas Juvenile Law Questions & Answers.
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Today, most laws are gender neutral, and a number of women in authority positions such as Mary Kay Letourneau, Debra Lafave, Pamela Rogers Turner, and Pamela Smart have been prosecuted for engaging in sexual relationships with younger males. Does the Punishment Fit the Crime?
What is the Age of Consent for Sex in Texas?
While many states have strict statutory rape laws on the books, prosecutors have been inconsistent in enforcing them, says Mark Chaffin, a researcher with the National Center on the Sexual Behavior of Youth. One particularly shocking case drew international attention when year-old Georgia resident, Genarlow Wilson, was charged with aggravated child molestation and sentenced to 10 years in prison for having consensual oral sex with a year-old girl. Georgia law, which has since been changed to classify this act as a misdemeanor carrying a maximum penalty of one year in prison, also required Wilson to register as a sex offender when he was released.
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Are Statutory Rape Laws Outdated? Statutory rape laws are based on the premise that although young girls may want to have sex, they may not have enough experience or discernment to make a mature, informed decision. The laws are designed to protect young people who have less information and power than their and-over counterparts.
Texas Juvenile Law Questions & Answers :: Justia Ask a Lawyer
For example, minors may be less likely than adults to understand sexually transmitted diseases, have access to contraception, and have the resources to raise a child if they become pregnant. Most people believe there is a clear line between young people wanting to date and have sex, and adults molesting or assaulting a child.
And most would agree that the difference between intimacy and abuse should be reflected in the laws of each state. But not all parties agree on how strict the laws should be. Critics of strict statutory rape laws argue that while sexual relationships between teens relatively close in age may be morally questionable, prosecuting every case would unnecessarily clog up the justice system. But advocates of more diligent enforcement of statutory rape laws believe that the laws help combat the often underreported and hard-to-prove sexual abuse and rape of young girls.
Others add that imprisoning men who are convicted of the crime could have a significant impact on teenage pregnancy and birth rates. Know the Laws in Your State Dating is a normal part of teenage life.
Texas Age of Consent Lawyers
But with the privilege of dating comes serious responsibilities. As a parent, you have to set boundaries and rules and take middle school and high school relationships seriously. A was not required under Chapter 62, Code of Criminal Procedure, to register for life as a sex offender; or B was not a person who under Chapter 62, Code of Criminal Procedure, had a reportable conviction or adjudication for an offense under this section; and 2 the victim: A was a child of 14 years of age or older; and B was not a person whom the actor was prohibited from marrying or purporting to marry or with whom the actor was prohibited from living under the appearance of being married under Section So, to answer- the age of consent in Texas is An affirmative defense does not bar arrest and prosecution.
It is an issue that the defense must raise at trial.