2 13 Year Olds Rape 15 Year Old
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It can be illegal for two minors to have sex. In some states, having sexual intercourse with someone who is under the age of consent is statutory rape. In other states, however, there is an exemption to statutory rape for when two people who are close in age have consensual sex.
What is statutory rape?
Statutory rape laws make it illegal to have sex with someone who is:
- Under the age of consent,
- Mentally disabled, or
- Physically incapacitated.
These laws forbid all sexual intercourse, even consensual sexual activity, because these groups of people are legally incapable of consenting to sex. Even if they initiate sexual relations, they cannot legally consent to them. Because there is no consent, the sexual conduct is rape.
What is the age of consent?
Many criminal charges of statutory rape are for sexual acts on alleged victims who are under the age of consent.
The age of consent varies by state. In some states, including California, the age of consent is 18 years of age. In many other states, though, the age of consent is 16 years old. A person is under the age of consent until the moment they become of age. This means that a 15-year-old is underage until the moment they turn 16.
What is a Romeo and Juliet Law?
A Romeo and Juliet law is an exemption to a statutory rape charge. Also known as a "close-in-age" exemption, these consent laws apply when the two people who had consensual sexual activity were close in age to each other. Many states have Romeo and Juliet laws, though not all do.
Texas is one of the states where lawmakers have added a Romeo and Juliet law to their criminal laws. In Texas, consensual sex is generally legal if:
- the actor was not more than three years older than the alleged victim, and
- the alleged victim was 14 years old, or older.[1]
California, however, is one of the states that does not have a close-in-age exemption.
In California, it is still illegal for minors to have sexual relationships with one another – an 18-year-old in high school can still get arrested and charged for the rape of a child if they have sex with their 17-year-old significant other. If both of them are below the minimum age, they can both be charged with statutory rape.[2]
The only thing that is different in California is that the penalties for a conviction would not as severe because the age difference between the parties is 3 years or fewer.
States with "Romeo and Juliet" laws permit certain close-in-age teens to have consensual sex.
What if the minors were married?
Marriage is another exception to statutory rape allegations. If the young people were married at the time they had sexual intercourse, they cannot be liable for statutory rape.
What are the penalties for minors who commit a sex crime?
In states where a Romeo and Juliet law does not apply, minors who commit statutory rape can face severe repercussions if they are convicted. In some states, a conviction can require the defendant to register as a sex offender.
In California, for example, statutory rape is a "wobbler." This means that law enforcement can choose to charge it as a misdemeanor or a felony.
If charged as a felony, a conviction carries 2, 3, or 4 years in prison.[3]
If charged as a misdemeanor, convictions carry up to 1 year in prison.[4]
When the age difference between the two minors was less than 3 years, prosecutors have to pursue misdemeanor charges.
However, many of the statutory rape cases where the defendant is a minor are tried in California's juvenile court system. The penalties in these cases tend to focus on rehabilitation, rather than punishment.
California is one of the states where minors convicted for statutory rape do not have to register as a sex offender.[5]
[1] Texas Penal Code 22.011(e)(2).
[2] In re T.A.J. (1998) 62 Cal.App.4th 1350.
[3] California Penal Code 261.5(d) PC.
[4] California Penal Code 672 PC.
[5] California Penal Code 290 PC.
About the Author
Neil Shouse
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, Court TV, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.
2 13 Year Olds Rape 15 Year Old
Source: https://www.shouselaw.com/ca/blog/is-it-illegal-for-2-minors-to-have-sex/
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