On the other hand, though, Amanda may have a valid civil claim against Fred and the company for workplace sexual harassment.
Learn more in Fighting Sexual Harassment. Until the mids, evidence rules tended to discourage rape victims from reporting the crime.
Since then, largely as the result of political pressure from women's rights groups and their allies, there have been dramatic shifts in rape-evidence law; these shifts favor alleged victims. First, rape-shield laws often prevent defendants from inquiring into rape victims' sexual histories, except under limited circumstances. Second, when it comes to sexual offense cases, most states have abandoned the general rule forbidding inquiry into defendants' past sexual crimes.
When a defendant is charged with rape or another sexual offense, the prosecution can typically offer evidence of any past sexual offenses. What some call "stranger rape" occurs when a previously unknown person attacks the victim. An example is an assailant violently dragging a passerby into a secluded spot and raping her.
For example, a date rapist may prevent a woman from refusing sex by drugging her drink while the two are out on a date. Reports indicate that date rape is far more common than stranger rape. But the ambiguities inherent in many social situations often make date rape more difficult to prove.
If you face criminal charges for rape or any other offense, consult an experienced criminal defense lawyer. An experienced attorney can fully explain the applicable law and analyze your case.
Beyond advice and analysis, a knowledgeable lawyer is uniquely equipped to protect your interests. One good way to find a criminal defense lawyer is to ask friends, acquaintances, or other lawyers for referrals—and then interview the candidates.
In addition, Nolo provides a Lawyer Directory with detailed information about each attorney. By using Nolo's directory, you can narrow down candidates before calling them for a phone or face-to-face interview. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.
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Rape and Statutory Rape. The crime of rape explained, with case examples. Legal Definition of Rape For purposes of rape laws, sexual intercourse occurs at the moment of sexual penetration, however slight, by the male sexual organ. Market Your Law Firm. Lawyer Directory. Call us at 1 Statutory Rape Laws and Charges. A person who has sex with someone under the "age of consent" can face a variety of criminal charges depending on the state.
This article is a general discussion of statutory rape laws. What Is Statutory Rape? How Is Statutory Rape Defined? Getting Legal Guidance The information in this article provides an overview of the law relating to statutory rape. If you are trying to determine the legality of any kind of conduct, make sure to consult an experienced criminal defense attorney. The law is complex and changes regularly. Controversy Around Statutory Rape Laws Statutory rape laws are meant to protect children and teenagers from predatory adults.
Exceptions to Statutory Rape Laws Many states have enacted exceptions to statutory rape to address relationships between young people close in age and between young people who both are under the age of consent. Such laws may prohibit sexual contact of or intercourse with a person under a certain age only by an individual: of a certain age such as 18 or older, or a certain number of years older than the alleged victim such as "at least three years older".
Sex Between Young People of the Same Gender A few states have "Romeo and Juliet" laws that expressly limit the exception to situations where the two people engaged in sexual activity are of the opposite sex. Defenses to Statutory Rape Defenses available to a person charged with a statutory rape crime depend upon the laws of the state in which the defendant is charged.
Consent Although the victim's consent itself is not necessarily a defense to statutory rape, it may be if the state in which the defendant is charged has a Romeo and Juliet exception or mitigation.
Reasonable Mistake of Victim's Age A few states allow a defendant to offer evidence that he or she honestly and reasonably believed the victim to be over the age of consent as a defense to a charge of statutory rape. How Statutory Rape Is Punished Punishment for a statutory rape offense varies according to whether the crime is a misdemeanor or felony and the degree or seriousness of the felony classification.
Sex Offender Registration A person convicted of statutory rape in certain states will be required to register as a sex offender.
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Consent of the victim and belief that the victim is of the age of consent are usually considered immaterial. Statutory rape is now codified under various names, such as rape in the second degree rape in the third degree unlawful sexual intercourse with a minor , and criminal sexual conduct in the second degree. Subscribe to America's largest dictionary and get thousands more definitions and advanced search—ad free!
Log in Sign Up. Save Word. Definition of statutory rape. First Known Use of statutory rape , in the meaning defined above. Learn More About statutory rape. Share statutory rape Post the Definition of statutory rape to Facebook Share the Definition of statutory rape on Twitter. Time Traveler for statutory rape The first known use of statutory rape was in See more words from the same year. Style: MLA. English Language Learners Definition of statutory rape.
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