How a Statutory Rape Case Can Be Handled

Statutory rape can be referred to as sexual assault, rape of a child, corruption of a minor, and many other legal terms depending on the state law jurisdiction. But statutory rape is usually specifically used when the sexual act with the minor is not done under threat or overtly forced, presuming psychological coercion. The reason manipulation is presumed is because minors are unable to consent to a sexual act with an adult; mentally handicapped, non-minors are also included under statutory rape conditions. To help you understand how a statutory rape case can be handled, we’ll be providing you with a brief overview of the process.

Age of Consent Between States

The age of consent in the state where the sexual encounter occurred is a critical component of any statutory rape case. In the USA, 30 states have set the age of consent at 16, 8 states at 17, and 13 states at 18. The age of consent has gradually increased over the years as human rights were explored further. Comparatively, the age of consent in the US, even if it’s at 16, is higher than that of Japan or South Korea, which is set at 13. It’s important to understand that statutory rape in most states is considered a strict liability offense, which meant that the foreknowledge of the perpetrator of the age of the victim isn’t taken into account. But some states have recently started allowing the defense that revolves around the perpetrator’s misjudgment of the victim’s age.

Close-Age Gaps

There is an important legal element that can be found in certain statutory rape situations where the age difference between the victim and the defendant is less. These laws differ from state to state when it comes to defining the legal age difference. In states like Arizona, consensual sexual contact between two minors is permitted if the minors are at 15, 16, or 17 years old. This law is known as the romeo and juliet law, where less than a two-year difference can legally protect the older partner. It also applies to defendants who are 18 years old, but still in high school, as long as the legal age gap is below 2 years.

Lack of Force

One of the pillars of a statutory rape case that stops it from being a different form of a criminal case is the lack of force in the sexual encounter. The minor participant must engage willingly or consent to have sexual acts with the defendant. The state puts a minimum age requirement to protect minors from the consequences of having sex with an adult due to the gravity of potential consequences like pregnancy and trafficking. If there is apparent coercion or forceful sexual activity, the statutory rape charge is actually treated as child molestation or aggravated rape.

Reporting of the Crime

Once a report is made in the nearest local police station, an investigation commences. The report of the investigation provided by police officers is thoroughly checked by the District Attorney, reaching either a decision of dropping or taking the case. If the District Attorney decides to take the case, the police will arrest the defendant until it’s time to go to court. While victims need to seek counsel as soon as possible, there are “mandated child abuse reporters” who are required by the law to report statutory rape cases to the Child Abuse Hotline or local authorities. The professions where its workers must report statutory rape are health care providers, childcare workers, and any others who work with families and children

Can Statutory Rape Charges be Dropped?

When someone is accused of statutory rape charges, the details of the report are handed to the police with no possibility to take it back. It’s still possible for the reporter to recant their statements, but there is still the possibility of facing charges for not telling the truth to the police, not to mention that that doesn’t necessarily mean that the case will get dropped. It’s only up to the District Attorney to file charges, but it’s rare for the charges to be dropped at the behest of the alleged victim.

What to Avoid When Facing Charges

If you’re the one facing possible false statutory rape charges, it’s important to understand that there are important precautions you must take. Refrain from making any form of contact with the alleged victim because this can be easily used against you. Never speak to investigators, detectives, or other law investigators about the case without your lawyer present. Don’t partake in any testing, even if you’re trying to prove your innocence, unless the tests are mandatory; it’s not your role to provide evidence at this stage yet.

The broad support of the general concept of statutory rape being a serious criminal crime is clear, but there are still some points of debate regarding the pursuing of the case and its circumstances. You need to resort to a professional criminal lawyer who can help you understand the true dimensions of such a serious case.