- California Law on Underage Dating | Dating Tips
- California Law on Underage Dating
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Separate crimes exist for sodomy with minors and sexual intercourse between a child under age 14 who's attacker was at least seven years older. California does not have a close-in-age exemption. Close in age exemptions , commonly known as "Romeo and Juliet laws", are put in place to prevent the prosecution of individuals who engage in consensual sexual activity when both participants are significantly close in age to each other, and one or both partners are below the age of consent.
Because there is no such "Romeo and Juliet law" in California, it is possible for two individuals both under the age of 18 who willingly engage in intercourse to both be prosecuted for statutory rape , although this is rare. Similarly, no protections are reserved for sexual relations in which one participant is a 17 year old and the second is a 18 or 19 year old. The Age of Consent ranges state-by-state from 16 to 18 years old across the United States. Click the map to view any state's age of consent laws.
California Law on Underage Dating | Dating Tips
The age of consent in California is based on the following statutes from the California criminal code:. California has seven statutory sexual abuse charges on the books which are used to prosecute age of consent and child abuse related crimes within the state. One or more of these charges may be used to prosecute violations of the California Age of Consent, as statutory rape or the California equivalent of that charge. The severity of the criminal charge felony, misdemeanor, etc depends on the specifics of the acts committed and the relative ages of the perpetrator and victim.
California Law on Underage Dating
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Parents, particularly those with teenage daughters, certainly have cause for concern. Research shows that teenage girls tend to have their first sexual experience with male partners who are three or more years older. But do these dangers warrant laws that put young people in prison?
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Romeo and Juliet Make a Comeback Statutory rape is defined by the FBI as non-forcible sexual intercourse with a person who is younger than the statutory age of consent. The statutory rape laws vary greatly from state to state, with more than half of the states setting the legal age of consent at 16 other states range from 14 to For the most part, there is no single age at which a person can consent to sexual activity.
Only 12 states set a specific age ranging from 16 to 18 , while in the majority of states, the age of consent depends on multiple factors, including the ages of each partner and the number of years between them. The purpose behind most statutory rape laws is to punish grown adults who take sexual advantage of a minor.
The following are just a few examples of Romeo and Juliet laws currently in place in the United States:.
Exceptions and Other Considerations In addition to Romeo and Juliet laws, some states have specific exemptions when both parties to the sexual act are minors, or the person to be charged is legally married to the minor. However, there are still restrictions in some states about the type of sexual activity that is permissible, such as oral sex and sodomy, as well as restrictions on relationships involving a minor and a person of authority, including teachers, coaches, or tutors.
All states have special provisions if any physical force was used or serious physical injury resulted. Until recently, statutory rape laws applied only to females, ignoring situations involving sex between an adult female and underage male. Today, most laws are gender neutral, and a number of women in authority positions such as Mary Kay Letourneau, Debra Lafave, Pamela Rogers Turner, and Pamela Smart have been prosecuted for engaging in sexual relationships with younger males.
Does the Punishment Fit the Crime? While many states have strict statutory rape laws on the books, prosecutors have been inconsistent in enforcing them, says Mark Chaffin, a researcher with the National Center on the Sexual Behavior of Youth. One particularly shocking case drew international attention when year-old Georgia resident, Genarlow Wilson, was charged with aggravated child molestation and sentenced to 10 years in prison for having consensual oral sex with a year-old girl.
Georgia law, which has since been changed to classify this act as a misdemeanor carrying a maximum penalty of one year in prison, also required Wilson to register as a sex offender when he was released. Are Statutory Rape Laws Outdated? Statutory rape laws are based on the premise that although young girls may want to have sex, they may not have enough experience or discernment to make a mature, informed decision. The laws are designed to protect young people who have less information and power than their and-over counterparts. For example, minors may be less likely than adults to understand sexually transmitted diseases, have access to contraception, and have the resources to raise a child if they become pregnant.
Most people believe there is a clear line between young people wanting to date and have sex, and adults molesting or assaulting a child. And most would agree that the difference between intimacy and abuse should be reflected in the laws of each state.