The first reason why a minor consenting to have sex with someone three years or older than them should not be considered statutory rape is because teens need to be more informed about sex then left to decide on their own. William Keating, Norfolk County District Attorney, says “I came into this job thinking that this generation of young people would be much more sexually aware than any other generation, especially my own, but that’s just not the case.”(Walker 3). It really is surprising just how many people are unaware and Keating clearly notes this point. Thomas Malvesti, Police Lt. and head of the department’s community’s service bureau, said, “It has to be an ongoing educational program. So we give them a little taste in the elementary schools, a little more in middle school, and we come back again in the high school.”(Walker 3). Here, Malvesti is explaining the best way to inform children and teens of sex. If teens were fully aware, then you should allow them to make their own informed decision as to whether or not they wish to consent to sex.
The second reason why a minor consenting to have sex with someone three years or older than them should not be considered statutory rape is because the government should not be so involved. In an article on statutory rape, George Bisharat, a professor at Hasting College of the Law, said:
Making examples out of people by sending them to prison seems unfair. I can’t imagine that (53) DA’s offices across the state all simultaneously have come to the decision to reactivate these laws. They’re being directed to do it from on high. And what district attorney wouldn’t jump at the chance of getting more money, expanding staff and possibly accruing some political clout? (Finz 2)
Bisharat ex...
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... It is their life to live and they should be able to make their own choices. All of the oppositions statements are either illogical or beneficial to the statement that is should not be considered statutory rape for a minor to have sex with someone 3 years or older.
Works Cited
Finz, Stacy. "Statutory Rape Convictions Increasing." San Francisco Chronicle (San
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McCullough, Marie. “Creating Babies Against the Law: A Widening Debate.”
Philadelphia Inquirer (Philadelphia, PA). 06 Apr. 1997: A1+. SIRS Issues Researcher. Web. 14 Apr. 2014
Shin, Annys. “A New Twist on an Old Law.” Ms.. May/June 1998: 27. SIRS
Issues Researcher. Web. 14 Apr. 2014.
Walker, Christopher. “Rated Risky: Behind Closed Doors.” Patriot Ledger (Quincy,
MA). 20 May. 2002: n.p. SIRS Issues Researcher. Web. 29 Apr. 2014
The wife’s parents were correct in being concerned for their daughter. Although rape may be a strong word for this particular situation, the husband’s actions are unethical considering the circumstances. The wife is unable to make a decision for herself, and as her primary decision maker, the husband should consider his wife’s health and the possible consequences of impregnating her. As her guardian, her best interest is to be put forth by her husband, and he should realize that engaging in sexual intercourse is not benefiting her in any way.
The age-of-consent campaign came about during the late 19th and early 20th centuries, which was designed to protect young innocent girls from vicious men who prey on the young (Stacy L. Mallicoat, pg. 280). Before the campaign the legal limit of consent was 10 and 12 in 1885. In most states they ended up raising the age limit in 1920 to 16 or 18. They tried training females for marriage, but the juvenile system punished girls and denied them the right to express themselves sexuality. This movement forced girls who had sex outside of marriage to get a gynecological exam to make sure they are not spreading any diseases around. A lot of the time when this movement was strongly enforced, if a woman went to a trial it really used their previous sexual encounters in front of the jury/judge which also played into victim-blaming. Using this approach allows guys to feel like they can get away with rape and other violence towards females since all they are going to do is blame the intercourse on the woman tempting the guy to have sex with her. This also lets the male have more sexual freedoms than women did. More likely if a female was caught having sex outside of marriage, they were sent to juvenile detention, which on average they spent about three times longer than their male counter-part did for the same
Karen Horney was born September 16, 1885, to Clotilde and Berndt Wackels Danielson. Her father was a ship's captain, a religious man, and an authoritarian. Her mother, who was known as Sonni, was a very different person -- Berndt's second wife, 19 years his junior, and considerably more urbane. Horney's childhood was one of some distress. She felt like her father loved and respected her brother much more than he did of her. Yet he would take her on sea trips with him, and would buy gifts for her. She distanced her self from her father, and grew to recent him. She turned to her mother who gave her the love and respect that she desired.
Statutory rape laws and child marriage laws greatly clash. According to Cocca, “of all brides in 1970, 13% were under 18; in 1980, 8.2%, and in 1990 3.7%. Of all grooms 1970 2.1 were under 18; in 1980 1.3% and in 1990 0.6” (Cocca, 2004). Yes over time the percentage of adults and minors getting married has dwindled, but it was not right to go along with in the first place. In some states...
Some Americans believe the law needs to be tougher on teenagers; since teens nowadays feel that they should be treated as adults by their peers and their parents. Parents of underage children sometimes take it above and beyond to charge 18 and older of statutory rape. Parents and the law officials, think that the teens should not have any ease off the statutory rape law. Why should teens still be considered “children” when they always rub and throw in peoples face how they are adults. If wanting to be treated like...
...r the age of eighteen is not considered an adult. It has been proved that a person does not mature mentally until about age twenty one. Many basic adult rights are not granted to juveniles because they are not responsible enough to assume the role of an adult. It goes without saying that the law regards those under the age of eighteen as minors, and so these minors shall not ever be treated as an adult in a court of law. Three basic reasons that minors should not be tried as adults are the decreased mental capacity of juveniles, the basic adult rights are not granted to juveniles, and the fact that prison is an unsuitable environment for minors. Juveniles and adult do not have a parallel mental capacity; therefore, a juvenile should not be tried as an adult in a court of law, and should instead be subject to separate age-specific judicial procedures and legislation.
The statutory rape law states that having sexual intercourse or being involved sexually in any form with a child below the age of sixteen is unlawful and could have charges pressed against as well as face imprisonment in a state prison or correctional facility. The law also states that one gender isn’t recognized more than the other; under the law children should be protected equally. Statutory rape is sex that occurs between an adult and a minor; an adult eighteen years or older and a minor is considered sixteen years or younger. The underlying principle behind the statutory rape law is the fact that children below the age of sixteen are incapable of giving their consent on sexual activities. Although the law states that all children are treated equally under the law, in several cases the court has chosen one gender over the other and the majority of the time the boys are the one who is faced with charges rather than girls (Oberman, 1994)
Most teenage girls cherish the moments when they start to reach the age of puberty. Reaching the age of puberty means a lot for them: they are now consider a woman; which is, where their bodies are now able to reproduce. Reaching Puberty not only signifies maturity or being able to reproduce but also, signifies a major hormonal change that may possible lead to sexual maturation. In addition, puberty also accompanied with major physical growth and development of the brain; which is still diminutive for minor. One of the major attribute of puberty is that it enhances the body. Because of the physical attribute that a female-teens develop as result of puberty or (maturity), they are now seem as an actual adults or they are now seen as fair game for adults and juveniles. While according to the law, having sex, assault or anything of nature, with an underage person (minor) is, consider statutory rape. Even if the sex may not be forced or compelled, it is legally looked at as a nonconsensual under the statutory rape law code. Different states address sex with minors differently, based on the current statutory rape law, some states are working diligently to enhance the way the carryout statutory rape laws to offenders’ while some are lacking extremely on the issue, which are leading to some mutinous social problems.
San Jose Mercury News (San Jose, CA). 05 Jan 2010: n.p. SIRS Issues Researcher. Web.
New York Times. 21 Nov. 1995, New York, NY: A1. ProQuest. George Mason University, Fenwick Library. 22 Nov. 2004.
Within the past thirty years, the courts have extended the legal parameters of rape to include the withdrawal of consent after penetration. Courts and state legislatures around the country should seek to modernize rape statutes to protect all victims of nonconsensual intercourse, regardless of when those victims manifest their lack of consent. Within English common law, a conviction of rape required evidence that the perpetrator used force or threats of force against the victim. There is much contradiction between states regarding consent. In an effort to eliminate moral ambiguity or the question of consent, an affirmative consent standard should be set into place that refines the classification of consent from “not saying no to sex” to saying yes to the sex with words or obvious enthusiastic actions.
Believe it or not, one in three women have experienced being raped at a party while being intoxicated or unconscious. Because of the recent events involving sexual assault all over the world, many conversations and controversies have come to light, showing a disturbing lack of clarity about the topic of consent. Sexual assault is when someone is coerced into a sexual act or forced. Consent is when someone basically gives you permission or they agree to do something with you, in this case they agree to have sexual intercourse with you. But, if someone were to give you consent while they are intoxicated then that is actually not consent. With so many people not knowing what consent is or how to clarify it, a group of young people, ages 18 and
Is anyone truly a stranger to nightmares? Has anyone not woken up in a feverish sweat with a racing pulse or pounding heart? Whose eyes have never wildly searched their room for the phantoms of a dream? Now, what if the familiar consolation of learning it was all in your head never came? How do you wake up from a nightmare that is, in fact, a reality? I think I’m getting ahead of myself. What I mean to say is, I was raped, and rape is a nightmare.
in some common law jurisdictions, statutory rape is sexual activity in which at least one person is below the age required to legally consent to an act of sexual intercourse. The term statutory rape generally refers to sex between an adult and a sexually mature minor past the age of puberty. Sexual relations with a prepubescent child, also known as child sexual abuse or molestation, is typically treated as a more serious crime. Laws vary in their definitions of statutory rape. It is generally intended to punish heinous cases of an adult taking sexual advantage of a minor. Thus, many jurisdictions prohibit allowing a juvenile to be tried as an adult under this law.
Although sex education is important, many students leave the classes with a warped view of sexuality and without a good understanding of safe-sex practices and how to properly use contraception. In most sex education programs, teenage students only learn that they should not have sex until they are married. This type of program has gained popularity in public schools across the nation because of a law giving nearly half of a billion dollars to schools that agree to teach the programs. Abstinence-only programs intend to persuade young people to wait until marriage before engaging in sexual activity, but they are not achieving this goal and are blemished by the twisted and biased view that they promote.