Age of Consent.

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Presentation transcript:

Age of Consent

Federal and State laws make it illegal to knowingly engage in a sexual act with another person whom is between the age of 12 and 16 if they are at least four years younger. The Federal charge is called Statutory Rape and not knowing the other person’s age is not a defense.

Romeo and Juliet" Laws "Some states have decided that the way that age of consent laws, and statutory rape charges, are enforced and enacted doesn't always make sense. As a result, 12 currently have so-called "close-in-age," or "Romeo and Juliet" laws. These laws ensure a difference in charges and punishment for sex between similar-aged teens, even if one is legally an adult. Though charges may still come under Romeo and Juliet statutes, they tend to result in shorter terms of incarceration, less post-release supervision, and rarely require sex offender registration, (which a 2009 study conduced by the National Institute of Justice and Rutgers University found had not actually made a measurable difference in deterring future sex crimes against children).

Rationale Vs. Reality Age of consent laws are designed to protect teens from adult predators. But sometimes they can end up punishing kids in non-coercive situations.

The penalties for statutory rape vary widely by state, as does the age of consent. California and Florida stipulate the age of 18 is the age of consent, but some like New York and Texas say 17. There are additional circumstances to these ages of consent and some have to do with marriage and proximate age of the other person.

GENERAL LAWS OF MASSACHUSETTS Chapter 272: Section 4. Inducing person under 18 to have sexual intercourse. Section 4. Whoever induces any person under eighteen of chaste life to have unlawful sexual intercourse shall be punished as provided in the preceding section.

A women was arrested in Wisconsin for having supplied condoms to her 13 year old son because she knew that he was engaging in sexual intercourse with his girlfriend. She was charged with promoting child abuse as, legally, the boy was being "abused" by his girlfriend because he (like his girlfriend) was under sixteen.

Connecticut § 53a-70 (a)(2) § 53a-71 (a)(1) First-degree sexual assault to have sexual intercourse with a person under age 13 if the actor is more than two years older Second-degree sexual assault to have sexual intercourse with a person between ages 13 and 16 if the actor is more than two years older

Massachusetts272 § 4 Criminal inducement to get a person under age 18 of chaste life to have unlawful sexual intercourse. Up to three years in prison or up to two and one-half years in jail

New York§§130. 25, 130. 30, and 130 . 35 Third-degree rape for anyone age 21 or older to have sexual intercourse with someone under age 17 Second-degree rape for anyone age 18 or older to engage in sexual intercourse with someone under age 15. The fact that the offender was less than four years older than the victim at the time of the act is an affirmative defense. First-degree rape to have sexual intercourse with someone (1) less than age 11 or (2) less than age 13 if the actor is age 18 or older Up to four years in prison Up to seven years in prison Five to 25 years in prison

Vermont13 § 325213 § 3253 Sexual assault to engage in a sexual act with a person under age 16, except where the actors are married and the act is consensual. Aggravated sexual assault for anyone age 18 or older to engage in a sexual act with someone under age 10. Up to 20 years in prison Up to life in prison

Age of Consent Marriage Laws . Many states will waive this requirement if there is a pregnancy, teenage couples may still have to have court approval.

Massachusetts: If you are under 18 years old, you will need a court order from either a probate court or district court in the locale where you live in order to apply for a marriage license.

Connecticut: If under sixteen (16) years of age, a written consent of the judge of probate for the district where the minor teen resides must be obtained. Written parental consent is needed if under eighteen (18) years of age.

New York: If you are 16 or 17 years of age, you will need to have a completed parental consent form filled out by both parents. If you are either 14 or 15 years of age, you will need to show the written consent of both parents and a justice of the Supreme Court or a judge of the local Family Court. Applicants under 14 years of age cannot marry. Only one parent's consent will be accepted if one parent is deceased or has been missing for over a year, or if one parent has full custody from a divorce proceeding. Your parents or guardians must give their consent in person before the town or city clerk or some other authorized official. If they are out of state, a notarized affidavit is acceptable but has to be accompanied by a certificate of authentication when the consent is filed in New York State.

Tennessee: Applicants under 16 years of age, can't get married without a waiver from the Juvenile Court. Georgia: Georgia changed the laws in 2006 concerning the minimum age to get married. The minimum age to get married in Georgia is 16. Kansas: The minimum age to get married is 15 in Kansas.

Mississippi: If you are under the age of 21, you will need parental consent. If your parents aren't with you when you apply for the license, they will be notified via certified mail. Brides under 15 years old, and males under 17 years old, cannot marry in Mississippi.

Kentucky: If you are 16 or 17 years old, you must have the consent of your parents or legal guardian. Custody papers are required if your parents are divorced. The form that you need to have completed is the Consent to Marriage Form (84-FCC-501). It has to be witnessed by two witnesses who are at least 18 years old, signed by your parent or legal guardian, and sworn by the deputy clerk. If you are a pregnant minor you may apply to a district court judge for permission to marry without parental consent. If you are under 16, you must get approval to marry from the District Court. Minors cannot get married in Kentucky if parents or guardians are not residents of Kentucky.

Examples Arizona: If you are 16 or 17 years old, you must have the notarized consent of your parents or legal guardian. If you are under sixteen (16), you must have the notarized consent of your parents or legal guardian as well as a court order.

Gay Teens & the Age of Consent These laws impact both gay and straight teens. One of the most well-known gay teens to be affected was an 18-year-old Kansas boy named Matthew Limon. Limon received received a 17 year sentence for having sex with a younger boy. Due to inequities in the law, this sentence was far longer than it would have been had Limon has sex with an underage girl. Ultimately, after the famous Lawrence vs. Texas case that decriminalized sodomy, Kansas and other states struck down laws that punished underage sex more severely if it involved "homosexual acts." Nevertheless, age of consent laws still exist and are still enforced.

What's permissible in some states means jail time in others, and enforcement is unpredictable. And the age of consent varies considerably from state to state. In Georgia, a 17-year-old was sentenced to 10 years in prison for having consensual oral sex with a 15-year-old, the age of consent is 18."

http://www.sexetc.org/state/MA/ Answers all teenage questions by state: Do I have the right to learn about sexuality, HIV/AIDS and other STDs at my school in Massachusetts? What is the age of a minor in Massachusetts? What is the age of consent in Massachusetts? What are my rights as a gay, lesbian, bisexual, transgender, or questioning (GLBTQ) teen in Massachusetts? What are my rights to HIV and STD testing, including confidentiality in Massachusetts? Can I buy condoms in Massachusetts? How? What are my rights to birth control in Massachusetts? Can I get emergency contraception (aka, "EC" or the "morning-after pill") in Massachusetts? How can I get a pregnancy test in Massachusetts? What are my rights to abortion in Massachusetts?