Why is statutory rape illegal?

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Xavier434

Lifer
Oct 14, 2002
10,373
1
0
Originally posted by: Brovane
Because our law says at age 18: You're an adult and as a result you have the privilege to vote. Only an adult can have sex with an adult because adults can now make decisions. If you don't like it, simple: move to a country that has a different viewpoint more similar to yours.

However why is it that we regularly charge people younger than 18 as adults for crimes they commit? It seems kind of contradictory to me to say a 15 year is not old enough to consent to sex but this same 15 year can be charged as a adult for criminal activity.

Because our country and its system of justice is wise enough to understand that there are always exceptions and we must take everything on a case by case basis if we truly want to do what is best. Exceptions are made with statutory rape cases too.
 

DealMonkey

Lifer
Nov 25, 2001
13,136
1
0
Tony? Is that you?

Evangelist Alamo faces charges in child sex probe

LITTLE ROCK, Ark. -- Evangelist and convicted tax evader Tony Alamo says the age of consent is puberty and there's a mandate in the Bible for girls marrying young.

"In the Bible it happened. But girls today, I don't marry 'em if they want to at 14-15 years old," Alamo said Saturday after federal agents raided his southwestern Arkansas compound and placed six girls into state custody. "We won't do it, even though I believe it's OK

Link
 

SP33Demon

Lifer
Jun 22, 2001
27,928
143
106
Originally posted by: Brovane
Because our law says at age 18: You're an adult and as a result you have the privilege to vote. Only an adult can have sex with an adult because adults can now make decisions. If you don't like it, simple: move to a country that has a different viewpoint more similar to yours.

However why is it that we regularly charge people younger than 18 as adults for crimes they commit? It seems kind of contradictory to me to say a 15 year is not old enough to consent to sex but this same 15 year can be charged as a adult for criminal activity.
You do have a good point. However, keep in mind that most of the cases where a 15 year old is charged as an adult is for something much, much more serious than having sex such as murder. Also, keep in mind that stat rape and being tried as an adult are governed by state law. However, when was the last time a stat rape case went to federal law that wasn't racial? When was the last time that a murder case was escalated from state-->federal? Case in point about severity of the crime.

 

Brovane

Diamond Member
Dec 18, 2001
6,402
2,590
136
Originally posted by: Xavier434
Originally posted by: Brovane
Because our law says at age 18: You're an adult and as a result you have the privilege to vote. Only an adult can have sex with an adult because adults can now make decisions. If you don't like it, simple: move to a country that has a different viewpoint more similar to yours.

However why is it that we regularly charge people younger than 18 as adults for crimes they commit? It seems kind of contradictory to me to say a 15 year is not old enough to consent to sex but this same 15 year can be charged as a adult for criminal activity.

Because our country and its system of justice is wise enough to understand that there are always exceptions and we must take everything on a case by case basis if we truly want to do what is best. Exceptions are made with statutory rape cases too.


Really? The age of consent should be the same age that you can be charged as a adult as a crime. It seems like a lot more teenagers are charged as adults for crimes while they are minors than exceptions are made with statutory rape. It is to easy for a DA to just decide to charge a minor as a adult for a crime because he can look to be tough on crime. However making a exception for statutory rape just makes a DA look soft on crime. What do you think is going to happen?
 

K1052

Elite Member
Aug 21, 2003
52,931
46,889
136
Originally posted by: Xavier434
Originally posted by: Brovane
Because our law says at age 18: You're an adult and as a result you have the privilege to vote. Only an adult can have sex with an adult because adults can now make decisions. If you don't like it, simple: move to a country that has a different viewpoint more similar to yours.

However why is it that we regularly charge people younger than 18 as adults for crimes they commit? It seems kind of contradictory to me to say a 15 year is not old enough to consent to sex but this same 15 year can be charged as a adult for criminal activity.

Because our country and its system of justice is wise enough to understand that there are always exceptions and we must take everything on a case by case basis if we truly want to do what is best. Exceptions are made with statutory rape cases too.

The government is in the conviction business not the justice business.
 

Brovane

Diamond Member
Dec 18, 2001
6,402
2,590
136
Originally posted by: SP33Demon
Originally posted by: Brovane
Because our law says at age 18: You're an adult and as a result you have the privilege to vote. Only an adult can have sex with an adult because adults can now make decisions. If you don't like it, simple: move to a country that has a different viewpoint more similar to yours.

However why is it that we regularly charge people younger than 18 as adults for crimes they commit? It seems kind of contradictory to me to say a 15 year is not old enough to consent to sex but this same 15 year can be charged as a adult for criminal activity.
You do have a good point. However, keep in mind that most of the cases where a 15 year old is charged as an adult is for something much, much more serious than having sex such as murder. Also, keep in mind that stat rape and being tried as an adult are governed by state law. However, when was the last time a stat rape case went to federal law that wasn't racial? When was the last time that a murder case was escalated from state-->federal? Case in point about severity of the crime.


Very true. However how serious is Sex? Why is the age of consent 18? Because you are not adult enough to understand the ramifications about Sex? However you are adult enough to understand the ramifications of your criminal activity? I like to make this argument because it really irks law and order conservatives. It seems like they are contradictory to me and the DA has way to much power to decide when a minor is charged as a adult. I think the law should be, the age of consent should be the same age as when you can be charged as adult for criminal activity. The inconsistency that I see is amazing with this.
 

Xavier434

Lifer
Oct 14, 2002
10,373
1
0
Originally posted by: Brovane
Originally posted by: Xavier434
Originally posted by: Brovane
Because our law says at age 18: You're an adult and as a result you have the privilege to vote. Only an adult can have sex with an adult because adults can now make decisions. If you don't like it, simple: move to a country that has a different viewpoint more similar to yours.

However why is it that we regularly charge people younger than 18 as adults for crimes they commit? It seems kind of contradictory to me to say a 15 year is not old enough to consent to sex but this same 15 year can be charged as a adult for criminal activity.

Because our country and its system of justice is wise enough to understand that there are always exceptions and we must take everything on a case by case basis if we truly want to do what is best. Exceptions are made with statutory rape cases too.


Really? The age of consent should be the same age that you can be charged as a adult as a crime. It seems like a lot more teenagers are charged as adults for crimes while they are minors than exceptions are made with statutory rape. It is to easy for a DA to just decide to charge a minor as a adult for a crime because he can look to be tough on crime. However making a exception for statutory rape just makes a DA look soft on crime. What do you think is going to happen?

Look...this is the bottom line right here. We need set the rules in stone. They must be clear. There must be a line drawn. I personally believe that 16 year olds (the most common minimum age to give consent) is perfectly fine. I also believe that 18 year olds should be responsible for understanding statutory rape laws and I expect them to obey them since they are given the legal privileges as adults.

Where exactly is the problem? What would you recommend changing that would some how make this world a better place? The law is perfectly fine.
 

SP33Demon

Lifer
Jun 22, 2001
27,928
143
106
Originally posted by: Brovane
Originally posted by: SP33Demon
Originally posted by: Brovane
Because our law says at age 18: You're an adult and as a result you have the privilege to vote. Only an adult can have sex with an adult because adults can now make decisions. If you don't like it, simple: move to a country that has a different viewpoint more similar to yours.

However why is it that we regularly charge people younger than 18 as adults for crimes they commit? It seems kind of contradictory to me to say a 15 year is not old enough to consent to sex but this same 15 year can be charged as a adult for criminal activity.
You do have a good point. However, keep in mind that most of the cases where a 15 year old is charged as an adult is for something much, much more serious than having sex such as murder. Also, keep in mind that stat rape and being tried as an adult are governed by state law. However, when was the last time a stat rape case went to federal law that wasn't racial? When was the last time that a murder case was escalated from state-->federal? Case in point about severity of the crime.


Very true. However how serious is Sex? Why is the age of consent 18? Because you are not adult enough to understand the ramifications about Sex? However you are adult enough to understand the ramifications of your criminal activity? I like to make this argument because it really irks law and order conservatives. It seems like they are contradictory to me and the DA has way to much power to decide when a minor is charged as a adult. I think the law should be, the age of consent should be the same age as when you can be charged as adult for criminal activity. The inconsistency that I see is amazing with this.
When boiled down to sex vs murder, I think we can all agree that murder is worse. There is a reason why exceptions are made for violent crimes, frankly because society doesn't want to take the risk that it will happen again. For example, if a puppy mauls a baby, what is the end result? It's destroyed, society won't take the risk on rehabilitation (in most cases). Same with murder, if a teen commits a heinous act of violence at say 16 y/o, do you want to be the judge to let them back on the streets in 2 years? No, which is why they need to be tried as an adult (so they can legally spend more time rehabbed in a prison vice juvey), and as a result I disagree that the DA has too much power to try someone as an adult. Mainly b/c the majority of these exceptions are for murder. If you can prove that arson/larceny/speeding constituted a large % of these cases, then you would have a point. However, that would be hard/impossible to find b/c that is not the case.

Sex is serious enough to warrant an 18 y/o age limit simply because there has to be a law for parents to protect their kids from predators. I don't even agree with "18" necessarily... but it's there to prosecute predators from exploiting your kids. Just as someone previously said, there are exceptions made to cases like this as well. Most of the time, the person will just get a slap on the wrist as a first time offender and I'm willing to bet 80% of the cases don't even make it to court b/c a) The parent has to know the age of the offender and many times the child will lie about it to protect them, b) Even if the parent DOES know, it's not an egregious offense (like 18 dating 16,17) and parent approves of the offender and can see they are not preying on their child (i.e. they're really "in love" and have a decent relationship).
 

Brovane

Diamond Member
Dec 18, 2001
6,402
2,590
136
Originally posted by: Xavier434
Originally posted by: Brovane
Originally posted by: Xavier434
Originally posted by: Brovane
Because our law says at age 18: You're an adult and as a result you have the privilege to vote. Only an adult can have sex with an adult because adults can now make decisions. If you don't like it, simple: move to a country that has a different viewpoint more similar to yours.

However why is it that we regularly charge people younger than 18 as adults for crimes they commit? It seems kind of contradictory to me to say a 15 year is not old enough to consent to sex but this same 15 year can be charged as a adult for criminal activity.

Because our country and its system of justice is wise enough to understand that there are always exceptions and we must take everything on a case by case basis if we truly want to do what is best. Exceptions are made with statutory rape cases too.


Really? The age of consent should be the same age that you can be charged as a adult as a crime. It seems like a lot more teenagers are charged as adults for crimes while they are minors than exceptions are made with statutory rape. It is to easy for a DA to just decide to charge a minor as a adult for a crime because he can look to be tough on crime. However making a exception for statutory rape just makes a DA look soft on crime. What do you think is going to happen?

Look...this is the bottom line right here. We need set the rules in stone. They must be clear. There must be a line drawn. I personally believe that 16 year olds (the most common minimum age to give consent) is perfectly fine. I also believe that 18 year olds should be responsible for understanding statutory rape laws and I expect them to obey them since they are given the legal privileges as adults.

Where exactly is the problem? What would you recommend changing that would some how make this world a better place? The law is perfectly fine.

I recommend changing the law so the age of consent and the age that you can be tried as a adult is the same. If the age of consent is 16 then that is also the age that you can be tried as a adult.
 

Harvey

Administrator<br>Elite Member
Oct 9, 1999
35,059
73
91
Originally posted by: Atreus21

It seems to me that if it's consensual, why is it rape?

Statutory rape laws are intended to protect those younger than the legally specified age of consent from sexual predators because they lack the knowledge. maturity and experience to understand the long and short term consequenses and hazards of sexual activity, including pregnancy, STD's and emotional trauma.

You can argue about what the exact age should be, but if you want to argue that children are sufficiently informed and mature enough to make such decisions, you probably should be talking to a shrink... preferably before you act on your assumptions.

Originally posted by: K1052

Originally posted by: dbk

Teenagers are prone to making rash decisions.

And the law prevents that how?

It doesn't prevent it before the fact. It imposes penalties, after the fact, as a deterrent to adults who would take sexual advantage of vulnerable kids.
 

thraashman

Lifer
Apr 10, 2000
11,112
1,587
126
I want to correct a few things in this thread.

First, 18 is not the legal age of consent. It's decided by each state individually within the US. The most common legal age of consent in the US is actually 16. The last two states to raise it up to 16 were Georgia and Hawaii, both had it at 14 until the mid 90's.

Second, it actually is possible for both underage people to be prosecuted for statutory rape if both are underage. Both are breaking the law by having sex with someone under the age of consent. It just never happens because neither side wants to press charges.

Most state laws have exceptions to the age of consent if you're married.

Most states have exceptions to the law where if one party is over the legal age and the other is not, then if they are within a certain age of eachother it is a misdemeanor instead of a felony. If your state has a legal age of consent of 16, and a 16 yr old has sex with a 15 yr old it is usually a misdemeanor.

The laws are in place to protect children. Sure a 14 year old might be having sex, but a 20 year old guy picking up on a 14 year old should have a certain level of responsibility by that age. It's not just morality, it's common sense.
 

Craig234

Lifer
May 1, 2006
38,548
350
126
Originally posted by: K1052
Originally posted by: jonks


Originally posted by: K1052
I submit the laws in practice do nothing to limit the behavior of teenagers. Trying to keep teens from having sex (age of the partner be damned) is even more of a futile effort than the drug war.

Statutory rape laws are not about trying to limit the behavior of teens, they are directed at adults who would seduce teens.

But they end up wrongfully applied to teens as well as we have seen because laws are usually enforced to the word and not the in spirit which they were written.

Huh? The laws generally don't even apply to the minor, only to the adult. I certainly pretty much never see the minor prosecuted in the incidents I read about.
 

Darwin333

Lifer
Dec 11, 2006
19,946
2,329
126
Originally posted by: Atreus21
It seems to me that if it's consensual, why is it rape?

You might say the implication is that the man is taking advantage of the woman. First of all, so what? Why do we not prosecute taken-advantage-of cases for consenting women older than 18? Second, if the woman consented, how can we say she was taken advantage of? Do we not trust her answer?

I'm looking for an answer other than, "Because it's f'd up." That sounds like morality. I'm not looking for a moral answer. I want to know why, when there's no harm done, statutory rape is or should be illegal.

It is not a woman, it is a child and society says that banging young children is wrong just like it says murder is wrong, therefore it is illegal.

Granted, I don't think a 19yo should be brought up on charges for having sex with a 17yo but if you come mess with my young daughter I can promise you that justice will be served. Either by the legal system or by my shotgun and almost all fathers will say and do the exact same thing. Hell, I would even have a good chance of beating the murder charges or at least pleading down to an incredibly low sentence.
 

blackangst1

Lifer
Feb 23, 2005
22,902
2,359
126
I wonder why the US has arbitrarily decided 18 is the AoC. Just because its our law doesnt mean its right. It isnt always the adult who seduces the teen. A 15 year old is certainly old enough and of mental capacity to seduce an adult. But, it is what it is, right or wrong.

Its OK for a teen girl to decide to get an abortion without parental consent though (in many states). I guess those states think under 18 is mature enough to make a desicion to force a medical vacuum up her pussy and suck out a living thing. *shrug* Our laws dont always make sense.
 

Muse

Lifer
Jul 11, 2001
40,943
10,236
136
Originally posted by: bbdub333
So what if a 25 year old dude convinced your 14 year old daughter to say yes? Do you trust her answer?

Whether or not you trust her answer is it reason to put the 25 year old in jail? She still said yes, and it can be seen as your fault she didn't have the gumption to say no, assuming she should have.

I think the statutory rape laws are akin to some of the drug laws, especially concerning marijuana.
 

retrospooty

Platinum Member
Apr 3, 2002
2,031
74
86
Originally posted by: Atreus21
It seems to me that if it's consensual, why is it rape?

You might say the implication is that the man is taking advantage of the woman. First of all, so what? Why do we not prosecute taken-advantage-of cases for consenting women older than 18? Second, if the woman consented, how can we say she was taken advantage of? Do we not trust her answer?

I'm looking for an answer other than, "Because it's f'd up." That sounds like morality. I'm not looking for a moral answer. I want to know why, when there's no harm done, statutory rape is or should be illegal.

Its a law to protect minors... I would very much doubt that a 19 year old guy with a 17 year old girlfriend that had concentual sex would ever be prosecuted on it.
 

Harvey

Administrator<br>Elite Member
Oct 9, 1999
35,059
73
91
Originally posted by: Muse

Originally posted by: bbdub333

So what if a 25 year old dude convinced your 14 year old daughter to say yes? Do you trust her answer?

Whether or not you trust her answer is it reason to put the 25 year old in jail?

You're damned right it is, and I'd do it in a nanosecond and have a party to celebrate when the asshole was arrested.

In the eyes of the law, a 25 year old guy is considered an adult who is fully responsible for his actions. A 14 year old girl is in the eight or ninth grade in middle school.
 

Fern

Elite Member
Sep 30, 2003
26,907
174
106
Originally posted by: blackangst1
I wonder why the US has arbitrarily decided 18 is the AoC.
-snip-

Nope, it's up the individual states. It's not a national thing.

Google it, most states have set the age at 16 years old too (not 18).

Fern
 

blackangst1

Lifer
Feb 23, 2005
22,902
2,359
126
Originally posted by: Harvey
Originally posted by: Muse

Originally posted by: bbdub333

So what if a 25 year old dude convinced your 14 year old daughter to say yes? Do you trust her answer?

Whether or not you trust her answer is it reason to put the 25 year old in jail?

You're damned right it is, and I'd do it in a nanosecond and have a party to celebrate when the asshole was arrested.

In the eyes of the law, a 25 year old guy is considered an adult who is fully responsible for his actions. A 14 year old girl is in the eight or ninth grade in middle school.

And a teen isnt capable of knowingly seducing another person (any age) I guess. They were mostly"taken advantage of" *cough*

Interesting.

Currently 46.8% of all high school students report they have had sexual intercourse. The percentage of high school students who have had sex decreased 13.3% between 1991 and 2005 (54% to 46.8%).

Nationwide, 6.2% of high school students had had sexual intercourse for the first time before age 13. Overall, the prevalence of having had sexual intercourse before age 13 was higher among male (8.8%) than female (3.7%) students.

Nationwide, 14.3% of high school students had had sexual intercourse with four or more persons during their life. Overall, the prevalence of having had sexual intercourse with four or more persons was higher among male (16.5%) than female (12.0%) students.

Among the 33.9% of currently sexually active high school students nationwide, 23.3% had drunk alcohol or used drugs before their last sexual intercourse.


And this: About one in ten girls who first has sex before age 15 describes it as involuntary.

Yeah theyre SOOOO innocent and naive :roll: