- My Son Is Dating a Minor: Should I Be Worried About the Legal Implications?
- What Is the Age of Consent?
- References
- Statutory Rape: The Age of Consent | LegalMatch Law Library
- Age of consent
Based in Florida, Mandi Titus has been writing since She holds a Bachelor of Science in psychology from Stetson University. Minors in North Dakota must adhere to state laws.
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- Statutory Rape: The Age of Consent.
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Meet Singles in your Area! Considerations North Dakota law forbids juveniles under the age of 15, including those who are dating their partner, from legally consenting to any type of sexual relationship. Requirements Teens who are between the ages of 15 and 17 may consent to a sexual relationship with a teen in the same age range, while teens dating someone over the age of 18 may not consent until they are of legal age -- 18 -- as well.
Warning Adults over the age of 18 who are dating a minor may be prosecuted for engaging in a sexual relationship with their partner, even in instances where their partner is between the ages of 15 and 17, and run the risk of being imprisoned on charges of "corruption of a minor. References North Dakota State Code: For the most part, there is no single age at which a person can consent to sexual activity. Only 12 states set a specific age ranging from 16 to 18 , while in the majority of states, the age of consent depends on multiple factors, including the ages of each partner and the number of years between them.
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:.
My Son Is Dating a Minor: Should I Be Worried About the Legal Implications?
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. 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? 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.
What Is the Age of Consent?
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. 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. Regardless of a consensual relationship, sexual intercourse with a person under the age of 16 in Georgia is statutory rape unless the parties are married. There have been cases where individuals are charged with contributing to the delinquency of a minor for only inviting the child to disobey his or her parents. But what does Georgia law say about sexting?
References
When done by adults, it is a matter of privacy and they may do what they like. However, when done with or involving minors, the policy against child pornography must be considered. The state of Georgia considers teen texting or sexting nude images to be a misdemeanor when it meets the following criteria: In juvenile court , like at the Atlanta Municipal Court , the law can apply more flexible remedies and protect privacy with sealed records and closed proceedings. However, sexting convictions can carry heavy fines and significant sentences for teens, whether tried as adults or juveniles.
In a well-publicized case , a year old soldier had consensual sex with a year-old who claimed she was The accused and the victim ultimately agreed that she lied about her age and circumstances.
Statutory Rape: The Age of Consent | LegalMatch Law Library
Because the man was over 21, he faced a sentence of ten to twenty years in prison rather than the one to ten-year penalty applicable to defendants under the age of Georgia senators recently proposed Senate Bill , which would eliminate consent as a defense in charges of sexual contact between students and employees of the same school. The law responded to situations in which students over the age of 16 engaged in consensual sex with adult employees or agents of the school.
Teacher and student sex is already prohibited by Georgia law but proposed SB would eliminate close-in-age misdemeanor exceptions for school employee and student cases. The Genarlow Wilson case illustrates the severe and unreasonable results of a strict application of the statutory rape laws.
The Wilson case involves a year-old in consensual oral sex with a year-old girl. Wilson was charged with child molestation and given a ten-year mandatory minimum sentence, and he was placed on the list of sex offenders. Thus, he will have a lifetime criminal record and reputation as a sex offender that can thwart his participation in society. If the same situation occurred now, as a first offender, Wilson would be eligible for expungement of his criminal record after completing his sentence, and he would not have to register as a sex offender since the victim and he were both teens, close in age, and consensual partners.
Facing a statutory rape charge in Georgia is a serious matter, but you stand a good chance of clearing your name if you are armed with knowledge and a good lawyer.
According to state law, statutory rape in Georgia is sex with a person under the age of Age of Consent in Georgia. The age of consent in Georgia is 16 years old.
Age of consent
Felony punishable by life imprisonment or 25 years to life followed by probation for life. Felony punishable by a life sentence or a split sentence of 25 years to life with lifetime probation. Felony punishable by imprisonment for ten to thirty years or by imprisonment for life. If aggravated, then it is punishable by imprisonment for five to twenty years. Felony punishable by years in prison.