Those who break the law have committed statutory rape. Statutory rape laws are premised on the assumption that minors are incapable of giving informed consent to sexual activities. The age of consent can vary among states, and some states differentiate between consensual sex between minors who are close in age for example, two teenagers of the same age , as opposed to sex between a minor and a much older adult.
Though statutory rape does not require that the prosecutor prove an assault, it is still rape. Of course, rape that does involve force or an assault is illegal in Pennsylvania and prosecuted as forcible rape. Penalties depend on the ages of the defendant and victim, and the conduct that occurred, as described below. Rape includes sexual intercourse including genital, oral, or anal penetration, however slight with a minor who is younger than 13 years old. This offense is a first degree felony. Statutory sexual assault includes sexual intercourse including genital, oral, or anal penetration, however slight with a child who 13, 14, or 15, when:.
Pennsylvania Statutory Rape Laws
Involuntary deviate sexual intercourse includes oral sex, anal sex, or genital or anal penetration with an object between a minor who is younger than 13 and a defendant of any age. It also includes minors who are 13, 14, or 15 when the defendant is at least four years older than the victim. Aggravated indecent assault includes genital or anal penetration however slight with a body part, between a minor who is younger than 13 and a defendant of any age.
This offense is a second degree felony. Indecent assault includes any sexual or intimate touching for the purpose of arousing or gratifying sexual desire. It is also a criminal offense in Pennsylvania for teachers, other school employees, and school volunteers to engage in sexual activity with school students who are under the care and control of the defendant. State law requires—in addition to the applicable fines and prison time—that people convicted of certain instances of statutory rape must register as sex offenders.
Minors are legally incapable of giving consent to having sex; so for example, if Jen, who is 15 years old, willingly has sex with Tony, her year-old boyfriend, Tony can face criminal charges, since Jen is not legally capable of giving consent in the first place. But if Jen and Tony are married and living in Pennsylvania, Tony need not fear criminal charges for having consensual sex with Jen. The marital defense is a remnant of the marital rape exemption.
Misdemeanors & Felonies: Crime Is A Matter Of Degree
However, if Tony were to rape Jen force her to have sex against her will , he would have no protection under the law even if the two are married. In Pennsylvania, there is a Romeo and Juliet exemption that prevents the prosecution of consensual sexual acts between a minor who is 13 or older and a defendant who is less than four years older. However, sexual contact with a child younger than 13 is always a serious crime, no matter the age of the defendant. A conviction for sexual intercourse with someone under the age of 13 can result in as many as 40 years in prison.
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Defendants accused of statutory rape often claim that they had no reason to know that their partner was underage. They may argue that the child said that he or she was of age, and that a reasonable person would have believed it. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information. Justia cannot guarantee that the information on this website including any legal information provided by an attorney through this service is accurate, complete, or up-to-date.
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While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site. Is it legal for a 16 yr old be intimate with an 18 yr old? Can parents press charges? Kathryn Hilbush 's answer It probably not legal and it's certainly not smart.
Read the information contained in the link below. I am 20 years old and this girl that is 16 keeps threatening me if she attacks me what should I do?
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Hall 's answer I'm sure you can call your local police station before then -- and I suggest you do so, at the very least to document things before they get out of hand. Best of luck to you. Peter Munsing 's answer Consult the victim assistance coordinator with the DA's office.
Much depends on age of the youth, relative sizes, who did what if anything before, any record the youth has, etc. I let my 15tr old brother drive to work, I was with him. Hall 's answer Not feeling this is a "juvenile court" matter, but much more a driving-without-a-license matter which is just a fine. Pay it, and move on.
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Your brother should be OK. The cop was just trying to scare the both of you -- and looks like it worked. If my friends mother kicked her out and threatened her with a knife and is now trying to report her as a run away 1 Answer Asked in Family Law and Juvenile Law for Pennsylvania on Aug 8, Answered on Aug 9, Hall 's answer Have your friend contact the police herself to explain the situation. Hopefully they can help iron things out, or get her somewhere safe.
Best of luck to your friend. If I am 16, can I legally move out of my house without parental consent? I would be moving into a healthy, safe home.
Hall 's answer First of all, I see you're asking from Ohio -- and this is a Pennsylvania law forum. The answers you get here will be about Pennsylvania law only. If you're looking for Ohio law, I suggest you post your question there. As for a summary of your options and Pennsylvania law concerning your issues, take a look at this My grandparents don't have custody but I live with them.
Can my boyfriends parents get custody of me? Kathryn Hilbush 's answer Probably not. I wonder if you might consider being a bit more sympathetic to your grandparents. You say they're health isn't good but they're still providing you with a home to live in, food to eat, and clothing to wear. It may be pretty difficult for people their age to deal with a teenager just like it seems difficult for you to deal with the older folks, but they're family and that means a lot.
Hall 's answer Try here: Hall 's answer Sounds like a rough situation you're in - sorry to hear it. The only "restraining order" your grandparents might be able to obtain against your boyfriend is a Protection from Abuse Order, with them filing on your behalf since you're a minor. They'd have to swear under oath, however, that abuse took place -- and if they provide false information, they'd be committing perjury, which is a felony in Pennsylvania. Best advice to you -- and this is non-legal -- might be to keep your I need some help.
Hall 's answer Your buddy has not committed any crimes based on the facts you've described. Can my buddy be arrested? Hall 's answer I believe I already answered this same question posted in another section here.
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