Statutory Rape

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Submitted By rikstang02
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Statutory rape can sometimes be an unjust law because of the age concept, gender differences and rationality of the individual. Statutory rape is a non-forcible sexual intercourse with a person who is younger than the age of consent. The Age of Consent is the age at which a person is deemed by Massachusetts law to be capable of consenting to, and engaging in, sexual acts.

In This Commonwealth, statutory rape is outlawed by Massachusetts General Law Chapter 265: Section 23 (Rape and Abuse of a Child): This law is based on the premise that until a person reaches the age of maturity, that person is legally incapable of consenting to sexual intercourse therefore anyone who engages in sexual activity of any type with a partner under the applicable Age of Consent is breaking the law. He or she can be charged with statutory rape or any other crimes ranging from a misdemeanor to a felony depending on the jurisdiction in which they are prosecuted.

The age of consent ranges from 14 to 18 years of age, although in more than half of the states -including Massachusetts - the age of consent is 16. The primary intention of statutory rape laws is to protect teenage girls and, recently, boys as well, from being sexually preyed upon by adults. By design, the laws are meant to deter and punish adults who have sex with minors. By definition, these laws are targeting non-forcible sexual activity

Some states and counties are generally not pursuing teenage "lovers" who are close in age. Instead, law enforcement agencies typically prosecute statutory rape cases only when there is an age gap of 5 or more years between the minor and their partner. Then again there have been cases where to adolescents with a difference of 3 years of age have been sentence to jail. Or the defendant had reasonably believed that the other party was over the age of consent.

In the past, sex…...

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