For a Free in-office Consultation Call Mahoney Joan M. Statutory Rape Defense An individual commits the crime of statutory rape when he engages in sexual intercourse with a person under the age of Contact a Cambridge Sex Crimes Lawyer If you or a loved one is charged with statutory rape, contact us at to schedule a free in-office consultation with an experienced Cambridge Sex Crimes Lawyer. The laws that determine this time frame are called criminal statutes of limitations.
As high-profile cases of sexual violence continue to make headlines—and as survivors seek to report crimes—it can help to have a better understanding of these laws and how they vary.
Each state has statutes of limitations that determine the amount of time the state has to charge someone with a crime. You can think of a statute of limitations like a timer: the clock typically starts when the crime occurs; after time runs out, a perpetrator cannot be charged for the crime. Statutes of limitations vary by state, situation, and type of crime. Statutes of limitations are written and decided on by state policymakers. That means that each state has its own set of statute of limitations laws—these laws can be different, even when the crimes are the same.
For example, the statute of limitations for rape in Alaska is unlimited: prosecutors can always bring charges against someone suspected of rape, no matter how much time has passed. On the other hand, in Massachusetts rape has a 15 year statute of limitations.
When a crime is prosecuted by the state, the lawyer seeking to press charges against a perpetrator, known as the prosecutor, must determine which statute of limitations applies in that particular case. Determine the age of the offender. Generally, it is a crime for anyone to engage in sexual contact with someone who is under the age of consent.
In addition, many states increase the penalty for offenders who are significantly older than their victims. Go to source. Verify that the parties are not married. All states generally require that couples be at least 18 years old to get married 19 in Nebraska. However, minors can still marry if they have permission from their parents.
If a teenaged couple is pregnant or has a child, they may be able to marry without parental permission, but they may need approval from a court first. Contact the police. Contact your local police department to report statutory rape. The police will investigate your allegations and report their findings to the prosecutor's office. If the prosecutor decides to file charges, the offender will be arrested. Go to source Prosecutors do not pursue every case, and may decide not to prosecute less serious cases, such as consensual sex between two year-olds.
Go to source Prosecutors are more likely to bring charges if the case involves a large age difference, a victim with a disability, drugs and alcohol, or the abuse of a position of trust, such as a teacher or coach.
Part 2. Understand the "elements" of statutory rape. Sexual abuse and assault statutes vary from state to state, but in general, prosecutors need to prove three things: First, that sexual contact occurred usually intercourse, but some states are more inclusive of what activity constitutes rape ; second, that the parties were unmarried; and third, that the victim was under the age of consent when the sexual contact occurred.
The age and marriage status of the parties will be easy to verify. Most of the investigation will be spent figuring out when and how the sexual contact occurred. What is Statutory Rape? He doesn't give up, no matter what you're up against. Confidential Verified Customer.
What are Romeo and Juliet Laws? If all of the following statements are true, an individual in Texas cannot be convicted of statutory rape and will not be required to register as a sex offender for having sex with a minor: The defendant is less than 3 years older than the victim.
The victim was at least 14 years old when the sexual relationship began. The defendant was not a registered sex offender at the time of the alleged act. The sexual act was consensual. Because statutory rape charges have a consensual component, an exception is made for married couples. So unlike aggravated rape, if an individual under 17 years of age is the spouse of the defendant then the "age of consent" rule is waived and sexual assault charges cannot be filed. According to Texas Law, "It is a defense to prosecution under Subsection a 2 that the conduct consisted of medical care for the child and did not include any contact between the anus or sexual organ of the child and the mouth, anus, or sexual organ of the actor or a third party.
The prosecution must prove beyond a reasonable doubt that statutory rape occurred. A skilled defense lawyer can cast doubt on the victim's testimony by investigating the facts, questioning evidence and identifying the victim's ulterior motives. Using the defense that the defendant committed the criminal act under great duress or other mitigating circumstance is not likely to get statutory rape charges dropped completely; however, it may help reduce your sentence.
Overview of Sex Crime Defense. Child Sex Offenses. Child Pornography Possession Defenses. Online Solicitation of a Child. Texas Sex Crime Law. Indecency with a Child by Contact. Indecency with a Child by Exposure.
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