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Encyclopedia > Statutory rape
Abuse
Concepts

Violence · Coercion
Abuse of power · Persecution
Abuser redirects here. ... This article or section does not cite any references or sources. ... Coercion is the practice of compelling a person to act by employing threat of harm (usually physical force, sometimes other forms of harm). ... Political power (imperium in Latin) is a type of power held by a person or group in a society. ... Look up Persecution in Wiktionary, the free dictionary. ...

Forms of abuse

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... commercially
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... in education
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The references in this article would be clearer with a different and/or consistent style of citation, footnoting or external linking. ... Dorlands Medical Dictionary defines brainwashing (also known as thought reform or re-education) as any systematic effort aimed at instilling certain attitudes and beliefs in a person against his will, usually beliefs in conflict with his prior beliefs and knowledge. ... Bullying is the tormenting of others through verbal harassment, physical assault, or other more subtle methods of coercion such as manipulation. ... Child abuse is the physical, sexual, or emotional maltreatment or neglect of children by parents, guardians, or others responsible for a childs welfare. ... This article is about the act of befriending and influencing a child with the intent of sexual abuse of the child. ... Child sexual abuse (CSA) is the sexual assault of a minor or, according to the American Psychological Association[1], sexual activity between a minor and an older person in which the dominant position of the older person is used to coerce or exploit the younger. ... The commercial sexual exploitation of children (CSEC) has been defined as one of the worst forms of child labour by the Worst Forms of Child Labour Convention (Convention No 182) of the International Labour Organization (ILO). ... It has been suggested that this article or section be merged with Brainwashing. ... Cyber bullying (cyberbullying, cyber-bullying, online bullying) is the use of electronic information and communication devices such as e-mail, instant messaging, text messages, mobile phones, pagers and defamatory websites to bully or otherwise harass an individual or group through personal attacks or other means, and it may constitute a... Cyberstalking is the use of the Internet or other electronic means to stalk someone. ... This article or section is not written in the formal tone expected of an encyclopedia article. ... This article or section does not cite any references or sources. ... Elder abuse is a single or repeated act or lack of appropriate action, occurring within any relationship where there is an expectation of trust, which causes harm or distress to an older person. ... Fabricated or Induced Illness (FII) is the formal name of a type of abuse in which a caregiver feigns or induces an illness in a person under their care, in order to attract attention, sympathy, or to fill other emotional needs. ... Harassment refers to a wide spectrum of offensive behavior. ... Hate mail (as electronic, postal, or otherwise) is a form of harassment, usually consisting of invective and potentially intimidating or threatening comments towards the recipient. ... Hate speech is a controversial term for speech intended to degrade, intimidate, or incite violence or prejudicial action against a person or group of people based on their race, gender, age, ethnicity, nationality, religion, sexual orientation, gender identity, disability, language ability, moral or political views, socioeconomic class, occupation or appearance... Human experimentation involves medical experiments performed on human beings. ... Humiliation is literally the act of being made humble, or reduced in standing or prestige. ... Intimidation is generally used in the meaning of criminal threatening. ... Mobbing refers to a group behavioural phenomenon and a type of animal behavior. ... Parental alienation is any behavior by a parent, a childs mother or father, whether conscious or unconscious, that could create alienation in the relationship between a child and the other parent. ... David Kirkwood on the ground after being struck by police batons Police brutality is a term used to describe the excessive use of physical force, assault, verbal attacks, and threats by police officers and other law enforcement officers. ... Prisoner abuse is the mistreatment of persons while they are under arrest or incarcerated. ... Prostitution of children refers to the use of children and teenagers as prostitutes. ... Psychological abuse refers to the humiliation or intimidation of another person, but is also used to refer to the long-term effects of emotional shock. ... A psychological punishment is a type of punishment that relies not or only in secondary order on the actual harm inflicted (such as corporal punishments or fines) but on psychological effects, mainly emotions, such as fear, shame and guilt. ... Relational aggression is a term used to describe psychological (social/emotional) aggression between people in relationships. ... This article or section does not cite any references or sources. ... Sexual harassment is harassment or unwelcome attention of a sexual nature. ... Sexual slavery is a special case of slavery which includes various different practices: forced prostitution single-owner sexual slavery ritual slavery, sometimes associated with traditional religious practices slavery for primarily non-sexual purposes where sex is common or permissible In general, the nature of slavery means that the slave is... Shunning is the act of deliberately avoiding association with, and habitually keeping away from an individual or group. ... Slave redirects here. ... Spousal abuse is a wide spectrum of abuse types. ... For other uses, see Stalking (disambiguation). ... Torture is defined by the United Nations Convention Against Torture as any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he... Trafficking in human beings is the recruitment, transportation, transfer, harbouring or receipt of people for the purpose of exploitation. ... Trafficking is a term to define the recruiting, harboring, obtaining, transportation of a person by use of force, fraud, or coercion for the purpose of subjecting them to involuntary acts, such as acts related to commercial sexual exploitation (including prostitution) or involuntary labor. ... This article or section is in need of attention from an expert on the subject. ... White torture is a term referring to torture that includes sensory deprivation and according to number of sources it is practiced on Iranian political prisoners in the Evin prison. ... The examples and perspective in this article or section may not represent a worldwide view. ...

Related topics

Adult Protective Services
Anti-psychiatry
Capital punishment
Child Protective Services
Comfort women
Corporal punishment
Genital integrity
Honor killing
Human rights
Holocaust
Incest
Informed consent
Massacre
Mind control
U.N. Declaration - Human Rights
There are very few or no other articles that link to this one. ... Beginning in the 1960s, a movement called anti-psychiatry claimed that psychiatric patients are not ill but are individuals that do not share the same consensus reality as most people in society. ... Capital punishment, or the death penalty, is the execution of a convicted criminal by the state as punishment for crimes known as capital crimes or capital offences. ... Child Protective Services is the name of a governmental agency in many states in the United States that responds to child abuse and neglect. ... Comfort women ) or military comfort women ) is a euphemism for the up to 200,000 women who served in the Japanese armys brothels during World War II. Historians and researchers into the subject have stated that the majority were from Korea, China and other occupied territories and were recruited... Corporal punishment is forced pain intended to change a persons behaviour or to punish them. ... The symbol of the Genital integrity movement is the ribbon Genital Integrity. ... An honor killing is a murder, nearly exclusively of a woman, who has been perceived as having brought dishonor to her family. ... Human rights are rights which some hold to be inalienable and belonging to all humans. ... “Shoah” redirects here. ... This article or section does not cite any references or sources. ... Informed consent is a legal condition whereby a person can be said to have given consent based upon an appreciation and understanding of the facts and implications of an action. ... Photographs of the My Lai massacre provoked world outrage and made it an international scandal. ... Mind control (or thought control) has the premise that an outside source can control an individuals thinking, behavior or consciousness (either directly or more subtly). ... Bold text Eleanor Roosevelt with the Spanish version of the Universal Declaration of Human Rights. ...

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Statutory rape is the crime of sex with a minor under the age of consent (AOC), the age at which individuals are considered competent to give consent to sexual conduct. Statutory rape differs from other types of rape in that overt force or threat need not be present. By law (statute), any such sexual activity is assumed to be coercive since the 'minor' is considered by law to be incapable of giving consent to the acts. In law, a person who is not yet a legal adult is known as a minor (known in some places as an infant or juvenile). ... While the phrase age of consent typically does not appear in legal statutes,[1] when used with reference to criminal law the age of consent is the minimum age at which a person is considered to be capable of legally giving informed consent to any contract or behaviour regulated by...


Age of consent is usually the age at which an individual can legally have intercourse with an adult, but in some jurisdictions the AOC establishes the minimum age of sexual conduct with anyone, regardless of age. In jurisdictions with the latter, it would be possible to charge two minors with a violation of the state's AOC. It has been suggested that Duration of sexual intercourse be merged into this article or section. ...


Many jurisdictions have multiple age determiners for AOC, as well as a second "statutory rape age boundary". For instance, an adult engaging in sexual intercourse in a particular jurisdiction with an individual under the age of 12 may be charged with a full statutory rape charge (a charge fully equivalent in punishment and severity to rape) whereas intercourse with an individual between the ages of 13–16 may be a significantly lesser charge (such as "unlawful sexual conduct with a minor" or "criminal sexual conduct with a minor"), depending on the jurisdiction, the age difference between the participants, and other factors. Criminal sanctions for violations of the age of consent which are not statutory rape may range from a minor misdemeanor to a high level felony. For example, if there is a 5 year or more (16-21) difference, it would be considered aggravated criminal sexual abuse, a Class 2 Felony. Some jurisdictions have a third age boundary which is an age of consent that is relevant in situations in which the adult is in a position of authority over the minor (e.g., the minor's teacher, doctor, coach, school principal, mental health provider, et cetera). The massive confusion caused by the various but very different sexual crime laws (which often have legal terms which are not interchangeable or parallel from jurisdiction to jurisdiction) usually leads people to assume that any violation of the age of consent is a "statutory rape" crime. A misdemeanor, or misdemeanour, in many common law legal systems, is a lesser criminal act. ... For the record label, see Felony Records The term felony is a term used in common law systems for very serious crimes, whereas misdemeanors are considered to be less serious offenses. ... Position of trust is a legal term used in the United Kingdom, the United States, Canada, and perhaps other countries. ... This article or section does not cite any references or sources. ... In sports, a coach or manager is an individual involved in the direction and instruction of the on-field operations of an athletic team or of individual athletes. ... A principal is the chief administrator in an elementary school, secondary school, or high school. ... Mental states redirects here. ...


Laws vary widely in their definitions of statutory rape; some states make exceptions when the older person is also young or of a similar age, or if he or she marries the minor before the act of sexual intercourse or before being charged with the offense. Due to a wide variety of opinions on what the proper age of consent should be, and conflicts between child sex protection laws and the natural exploration of teenage sexuality, statutory rape charges can sometimes be controversial and contradictory. Pedophilia or pædophilia (see spelling differences) is the paraphilia of being sexually attracted primarily or exclusively to prepubescent or peripubescent children. ...


Some critics contest the legal characterization of unlawful, non-forced sexual contact as "rape" or "sexual assault." In addition to being seen as an incorrect use of those terms, critics believe the absence of a distinction diminishes the severity of actual (forceful) rape. Furthermore, they argue that charges and punishments should reflect the presence of force, so as not to suggest that actual rape is no worse than, for example, non-forced sexual contact with an adolescent. Sexual assault is any physical contact of a sexual nature without voluntary consent. ...

Contents

Rationale of statutory rape laws

The rationale is typically that although a person may be biologically mature enough to desire sexual intercourse, he or she may, lacking the additional years of experience possessed by legal adults, not be able to make mature or rational decisions as to whom he or she engages in sexual contact with and how he or she does so. Thus, even if he or she willingly engages in sexual intercourse with a legal adult, his or her sex partner may well have used tactics of manipulation or deceit against which the younger person has not yet developed sufficient discernment or defense. The word manipulation can refer to: Joint manipulation Social influence Sleight of hand tricks in magic or XCM. Abuse Advertising Brainwashing Charisma Fraud Indoctrination Love bombing Machiavellianism Media manipulation Mind control Neuro-linguistic programming (NLP) Propaganda Social psychology Puppeteer Photo manipulation Categories: | | ... Look up lie in Wiktionary, the free dictionary. ...


This is perhaps one of the major points of contention in statutory rape controversies; even a young teenager might possess enough social sense to make informed and mature decisions about sex, and, conversely, some people well above any agreed-upon age of consent might never develop the ability to make mature choices about sex, as even many mentally healthy individuals remain naive and easily manipulated throughout their lives. Any agreed-upon age of consent, therefore, is more or less arbitrary. In general, any law based on a specific age is going to have an element of arbitrariness as it is rooted in generalities about people based on their age groups. Nonetheless, there are many cases, outside of sexual consent, where such legal fictions are enforced, including age of majority and drinking age. In the common law tradition, legal fictions are suppositions of fact taken to be true by the courts of law, but which are not necessarily true. ...


Another rationale comes from the fact that minors are legally, economically and socially unequal to adults. Typically, they are economically dependent, lack full legal rights, and are in fact wards of their legal guardians. All of this impairs their ability to refuse sexual advances without fear of reprisal. This situation is akin to an employee being afraid to turn down his or her boss because he or she doesn't want to get fired. By making it illegal for an adult to have sex with a minor, the minor is given some protection against this.


In addition, minors are less likely than adults to understand sexually transmitted infections, or to have knowledge of and access to reliable methods of contraception, and young women who want to use condoms may find their prospective partner unwilling. They are also less likely to be in a position where they are capable of raising a child and may not have the option of an abortion without parental consent. For these reasons, minors are less able to avoid the potentially negative consequences of sexual activity, and the situation may be even worse when compounded by the inequality inherent in any relationship with a legal adult. This provides further rationale for protecting minors by not giving them the legal right to consent. Sexually-transmitted infections (STIs), also known as sexually-transmitted diseases (STDs), are diseases that are commonly transmitted between partners through some form of sexual activity, most commonly vaginal intercourse, oral sex, or anal sex. ...


Another rationale presented in defense of statutory rape laws relates to the difficulty in prosecuting forced rape (against a victim of any age) in the courtroom. The obligation to prove the victim's lack of consent make rape a difficult crime to prove in many circumstances. Because forced sexual intercourse with a minor is considered to be a particularly heinous form of rape, these laws relieve the prosecution of the burden to prove lack of consent. This makes conviction more frequent in cases involving minors. The original purpose of statutory rape laws was to protect young, unwed females from males who might take their virginity, impregnate them, and not take responsibility by marrying them. In the past the solution to such problems was often a forced marriage or "shotgun wedding" called for by the parents of the girl in question. The original rationale was to preserve the marriageability of the girl and to prevent unwanted teen pregnancy. Forced marriage is a term used in the Occident to describe traditional arranged marriages in which one or more of the parties (usually the woman) is married without his/her consent or against his/her will. ... It has been suggested that this article or section be merged into forced marriage. ... Teenage pregnancy refers to the controversial social issue of teenage girls getting pregnant. ...


In such cases the alleged victim was required to be "of virtue" by the standards of the community, making the background of the alleged victim an issue. It was not considered appropriate or necessary to defend the virtue or social standing of a girl who was already sexually active, promiscuous, or involved in prostitution. Whore redirects here. ...


Gender differences in statutory rape

Female-male statutory rape

In the past, sex involving an adult female and an underage male was often ignored by the law, as many believed that this was not a traumatic or negative experience for teenage boys[citation needed]. However, in recent years, social perceptions have shifted, particularly when the adult female is in a position of responsibility, and there have now been a number of high profile cases (Mary Kay Letourneau, Tammy Imre, Pamela Rogers Turner, Pamela Smart) where adult females have been prosecuted for participating in sexual relationships with younger males. These cases mentioned have all involved adult female teachers and young teenage male students. Mary Kay Letourneau on her release from jail, January 6, 1998. ... Pamela Joan Rogers (Turner) (born July 1, 1977), a former elementary school physical education teacher and coach in McMinnville, Tennessee, gained notoriety for her sexual relationship with a 13-year-old boy, one of her students in Centertown Elementary School. ... Pamela Ann (nèe Wojas) Smart (born August 16, 1967), is serving a life sentence in the U.S. state of New York for first-degree murder, conspiracy to commit murder and witness tampering in New Hampshire. ...


Same-sex statutory rape

Relationships between adults and minors are typically prosecuted more strongly when both are the same sex. For example, in Kansas, if someone 18 or younger has sex with a minor no more than four years younger, a "Romeo and Juliet" law limits the penalty substantially. This law, however, had been written so as not to apply to same-sex couples, leading to significantly higher penalties for the same act. The Kansas law was successfully challenged, as being in conflict with the U.S. Supreme Court rulings Lawrence v. Texas and Romer v. Evans [1]. The Lawrence v. Texas precedent does not directly address equal protection, but its application in the case of Limon v. Kansas was that it also invalidates age of consent laws that discriminate by sexual orientation. Lawrence v. Texas [2] [3]. This article needs additional references or sources to facilitate its verification. ... The Supreme Court Building, Washington, D.C. The Supreme Court Building, Washington, D.C., (large image) The Supreme Court of the United States, located in Washington, D.C., is the highest court (see supreme court) in the United States; that is, it has ultimate judicial authority within the United States... It has been suggested that Matthew Limon be merged into this article or section. ... Holding An amendment to the Colorado Constitution that allows discrimination against homosexuals and prevents the state from protecting them violated equal protection under the Fourteenth Amendment, because it was not rationally related to a legitimate state interest, but instead was motivated by animus towards homosexuals. ... It has been suggested that Matthew Limon be merged into this article or section. ... The Equal Protection Clause is a part of the Fourteenth Amendment to the United States Constitution, providing that no state shall make or enforce any law which shall. ... Matthew Limon is the person whose case overturned the Kansas, unequal, age-of-consent laws for homosexuals. ... While the phrase age of consent typically does not appear in legal statutes,[1] when used with reference to criminal law the age of consent is the minimum age at which a person is considered to be capable of legally giving informed consent to any contract or behaviour regulated by... It has been suggested that Matthew Limon be merged into this article or section. ...


Current issues

While there is broad support for statutory rape laws in the United States, there is substantial debate on how vigorously such cases should be pursued and under what circumstances. In July, 2005, Matthew Koso of Falls City, Nebraska was charged with statutory rape for premarital sex with a 13-year-old whom he subsequently married. The decision to prosecute Koso—which was undertaken by the state's Attorney General, overruling the decision of the local prosecutor—has been controversial, with public opinion tilting in favor of Koso. See an example of a web page in opposition to the state's actions: Bruning's "Shotgun Divorce" Matthew Koso (born 1983) is a Falls City, Nebraska native who started a controversy in both Nebraska and Kansas. ... Falls City is a city in Richardson County, Nebraska, United States. ...


In May 2006, the Irish Supreme Court found the existing statutory rape laws to have been unconstitutional as it prevented the defendant from entering a defence (e.g., that he had assumed the other party was over the age of consent). 1 This has led to the release of persons held under the statutory rape law and has led to public demands that the law be changed by emergency legislation being enacted. On the 2nd of June 2006 the Irish Supreme Court upheld an appeal by the state against the release of one such person, Mr. A. Mr A was rearrested shortly afterwards to continue serving his sentence. [4] May 2006 : ← - January - February - March - April - May - June - July - August - September - October - November - December- → May 1, 2006 (Monday) Chinese Patriotic Catholic Association outraged Vatican by planning to ordain another bishop, Liu Xinhong in Anhui Province. ... The Supreme Court (Irish: Chúirt Uachtarach) is the highest judicial authority in the Republic of Ireland. ... It has been suggested that this article or section be merged into constitutionality. ... The Supreme Court (Irish: Chúirt Uachtarach) is the highest judicial authority in the Republic of Ireland. ...


Decriminalization of statutory rape

The decriminalization of statutory rape, as well as of other laws regarding the age of consent, is defended by some groups and individuals, among which due process of law advocates[citation needed], some youth rights activists, some libertarians[citation needed], pedophile activists, and a group of French intellectuals discussing a reform of the French Penal Code in 1977, including philosophers Michel Foucault and Jacques Derrida. The abolition of laws referring to the age of consent (and especially the decriminalization of statutory rape) is a position shared by some individuals, groups and organizations, albeit for different reasons and with different arguments. ... Decriminalization is the reduction or abolition of criminal penalties in relation to certain acts. ... Due process of law is a legal concept that ensures the government will respect all of a persons legal rights instead of just some or most of those legal rights, when the government deprives a person of life, liberty, or property. ... Manifestations Slavery · Racial profiling · Lynching Hate speech · Hate crime · Hate groups Genocide · Holocaust · Pogrom Ethnocide · Ethnic cleansing · Race war Religious persecution · Gay bashing Pedophobia · Ephebiphobia Movements Discriminatory Aryanism · Neo-Nazism · Supremacism Kahanism Anti-discriminatory Abolitionism · Civil rights · Gay rights Womens/Universal suffrage · Mens rights Childrens rights · Youth... This article does not adequately cite its references. ... It has been suggested that History of pedophile activism be merged into this article or section. ... An intellectual is one who tries to use his or her intellect to work, study, reflect, speculate on, or ask and answer questions with regard to a variety of different ideas. ... It has been suggested that this article or section be merged with Criminal Code. ... Michel Foucault (IPA pronunciation: ) (October 15, 1926 – June 25, 1984) was a French philosopher and historian. ... Jacques Derrida (July 15, 1930 – October 8, 2004) was an Algerian-born French philosopher, known as the founder of deconstruction. ...


See also

There are several types of rape, generally categorized by reference to the situation in which it occurs, the identity or chacteristics of the victim, and/or the identity or characteristics of the perpetrator. ...

External links

  • Moral Outrage a group seeking reform of statutory rape laws.

  Results from FactBites:
 
Rape (law) - MSN Encarta (965 words)
A man charged with rape and a woman alleging that she has been raped might have very different perspectives about what happened, even if they are both sincerely trying to give a truthful account.
Statutory rape laws traditionally treated men or boys as the prospective offenders and young women or girls as prospective victims.
Homosexual rape, when it is not covered by a state’s general rape statute, may be covered by statutes that prohibit anal or oral sex between members of the same sex, a type of sodomy.
Jamaica Gleaner News - Statutory rape and teenage pregnancy - Monday | June 19, 2006 (561 words)
Statutory rape exists by virtue of the Offences against the Person Act, which criminalises sexual activities with girls who are under the age of 16 years.
Statutory rape laws in most jurisdictions focus exclusively on females, because the laws were originally intended to protect the chastity of young women.
Statutory rape attracts high social costs, which are borne by the teen mother, her child and the society, and there is no doubt that there are connections between statutory rape, abortion, teen pregnancy, fatherlessness,
  More results at FactBites »

 
 

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