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This report is really a compilation of state regulations and reporting needs

Tuesday, November 5th, 2019

This report is really a compilation of state regulations and reporting needs

In 2003, any office regarding the Assistant Secretary for preparing and Evaluation (ASPE) inside the U.S. Department of Health and Human Services (HHS) contracted utilizing the Lewin Group to explore how three federally funded programs which have connection with adolescents Title X household preparation clinics, Health Resources and solutions Administration-supported health centers, and youngster protective services address statutory rape inside their customer populations. The multi-phase, descriptive research will gather details about state laws and regulations, federal guidance to programs, and grantees and regional offices methods. The findings can help HHS to ascertain if extra guidance becomes necessary.

It offers a synopsis of state rape that is statutory and reporting requirements, along with a summary of guidelines for every single state as well as the District of Columbia. This report just isn’t meant to be a appropriate document. Its built to offer of good use information to state and federal policymakers who will be enthusiastic about just just how state statutes address statutory rape. In addition it is supposed to act as a resource for HHS grantees.


To comprehend if statutory rape has happened and whether it must be reported (also to who), system staff and policy manufacturers have to be acquainted with two sets of rules: unlawful and civil codes. The previous relates to the legality of intimate activities involving minors, whilst the latter defines people responsibilities that are reporting. In a nutshell, there is absolutely no one size fits all statutory legislation that guides the identification and reporting of statutory rape. Instead, there is certainly variation that is wide state codes. What exactly is an offense that is reportable one state might be away from purview of police force or youngster protective services in another.

1. Criminal Laws

Criminal rules cope with the legality of intimate functions. Statutory rape legislation assume that most intimate tasks involving people below a particular age are coercive. That is real even in the event both events think their involvement is voluntary. Generally speaking, statutory rape rules define the age below which a person is legitimately not capable of consenting to activity that is sexual. To complicate issues, few states make use of the term rape that is statutory their unlawful codes. More regularly, a states rule will deal with legality of various intimate tasks involving minors ( e.g., intimate contact versus penetration). It is sometimes hard to recognize the relevant laws and regulations because they’re usually embedded when you look at the portion of the code working with other intimate offenses ( ag e.g., intimate attack, forcible rape).

A standard myth about statutory rape is the fact that there was an individual age of which a person might legitimately consent to activity that is sexual. In reality, just 12 states have actually an individual chronilogical age of permission; in these states, this age brackets from 16 to 18 years of age. In the residual states, the chronilogical age of permission hinges on more than one associated with following factors: age differences when considering the lovers, the chronilogical age of the target, and also the chronilogical age of the defendant. Each is described below.

State the has a solitary chronilogical age of permission. In this state, a man or woman under age 18 cannot consent to intercourse, no matter what the chronilogical age of one other celebration. Hence, intimate relations between two 17-year-olds could be unlawful, as would relations from a 17-year-old and a 25-year-old.