Statutory Rape

In recent years, some states have chosen to adopt alternative terminology to serve as an umbrella term for sex crimes like statutory rape and sexual assault. This shift in terminology allows prosecutors to interpret and apply the laws to encompass a broader range of criminal sexual acts.

The terminology and umbrella terms related to criminal acts of a sexual nature may also vary greatly between states. Some of the most favorable terms relating to sex crimes among these states include:

• Sexual Assault
• Rape
• Unlawful Intercourse
• Carnal Knowledge of a Child
• Unlawful Sexual Penetration
• And More

If you have been charged with statutory rape, it's important to consult with a Sex Crimes Attorney immediately to protect your rights and prepare the right defense strategy for your pending case. Contact us online or call 888-888-8888 to speak with one of our sex crimes specialists today.

The legal age of consent will vary from state to state, as does the punishment for these types of sex crimes. In general, the age of consent in the United States will range between 16 -18 years old.

In addition, some states have chosen to include further designations if the older participant holds a position of trust or authority over the minor. For example:

• California - The age of consent in California is 18, making sexual intercourse with anyone under the age of 18 illegal unless they are legally married.
• Hawaii - The age of consent in Hawaii is 16. However, this state has chosen to include a close in age provision allowing minors older than 14 to engage in sexual activities with someone who is no more than 5 years older.
• Maryland - Minors between the ages of 14 - 16 may engage in consensual sex as long one participant is no more than 4 years older. This state's laws apply differently, with stricter guidelines and harsher penalties if the older participant is in a position of power or authority over the other.

If you have questions regarding the age of consent guidelines for your state, give us a call at 888-888-8888 and we will be happy to answer your questions!

Some states have chosen to include a 'close in age exemption'. These types of exemptions are also known as Romeo and Juliet law. These exemptions were designed and created within the sex crimes mandates to help protect younger people engaging in consensual sex from the devastating life-long effects of a statutory rape conviction.

For instance, the age of consent is in Delaware 18. The statutory rape guidelines also include a close in age exemption. This exemption gives young adults aged 16-17 the legal ability to consent to sexual intercourse with another person under the age of 30 under the law.

In Delaware, consensual intercourse between a 16-year old and a 29-year-old partner would be within the law. Under this same law, sexual intercourse between a 15-year old and a 19-year old partner would be a criminal offense.

Another common exemption to a state's statutory rape laws is known as the marriage exemption. Under this provision, if the sexual partners are married, the younger participant may only legally consent to sex with their spouse.

It's important to note that, historically, statutory rape was considered as a 'strict liability' offense. This means that prosecutors only need to prove that the sex crime did, in fact, occur and that the defendant was responsible.

In recent years, a few states have chosen to allow a defense strategy that is based on proving that the accused had reason to believe, and didbelieve, that their younger partner had reached the legal age of consent before engaging in any sexual acts.

This belief may have been established and/or reinforced by false verbal declarations made deliberately by the younger participant and/or further supported by the presentation of forged documentation (like a fake ID, for example) in an effort to disguise their true age.

It's worth noting that this particular defense strategy may not be allowed if the younger participant was under the age of 14.

Additionally, most states have not adopted the precedent of allowing this type of defense in cases of statutory rape. These states consider acts of sexual intercourse with someone under the age of consent a crime—regardless of what age the perpetrator may have believed his/her younger partner to be.

The classification for statutory rape charges can range from a misdemeanor to a high-level felony based on the specific details of the case. The state will consider the pertinent details of the act, and other factors, to determine the appropriate level of offense when filing charges.

Some of the most common factors that may affect the classification level of statutory rape charges include:

• Age of younger participant
• Age difference between participants
• Severity of crime
• Lack of force used
• Lack of coercion, intimidation,
• Existence of prior convictions for sex crimes
• Presence of alcohol or drugs during the crime
• Whether sexual intercourse resulted in pregnancy
• And more

Statutory rape is a serious criminal charge that can affect the rest of your life. Just as each state imposes individual mandates, each state also has its own statutory guidelines in regards to punishment.

These mandates can vary with a great degree from state to state, so it's important to work with a sex crimes attorney who has an in-depth understanding of the statutory mandates specific to your state.

In terms of punishment, a majority of states have mandatory sentences that can range from 0-20 years or more for a first-time offender. During the sentencing stage, the state will consider a number of factors to aid in determining the appropriate length and severity of the punishment based on case-specific details.

Some states exact more stringent punishments following a conviction if the accused is more than a pre-determined number of years older than the younger participant. Yet, other states include mandates within the statutes in which the defendant's age alone (over 21, for example), may be immediate grounds for the charges to be automatically upgraded to a higher offense level.

The far-reaching impacts that follow a statutory rape conviction can continue to be felt for the rest of your life. In accordance with the Sex Offender Registration and Notification Act, also known as SORNA, certain types of sex crime convictions will require offenders to register as a sex offender.

As part of the Adam Walsh Child Protection and Safety Act of 2006, SORNA helps to strengthen the nationwide network of registered sex offenders, as well as, notification programs across the country. This nation-wide registry contains the details of any person who has been convicted, and/or released from incarceration as a result of a sex crimes conviction.

The duration of required registration as a sex offender will vary depending on the severity, classification, and nature of the sex crime. Some sex crimes will impose a lifetime registration requirement while others may only impose a registration period of up to 10 years or more.

Some of the most common sex crimes offenses that are most commonly accompanies by a lifetime registration requirement can include:

• Continuous Sexual Abuse of a Child or Children
• Possession or Promotion of Child Pornography
• Compelling Prostitution
• Aggravated Kidnapping with Intent to Violate or Sexually Abuse

In addition to enhancing the nationwide network of offenders and corresponding offenses, SORNA also includes provisions that:

• Incorporate a broader, more comprehensive group of sex offenses that require registration and convicted offenders.
• Requires offenders to provide more extensive information during the initial registration and subsequent re-certification process
• Requires in-person appearances by the offender to ensure all personal and case-specific information is current and up-to-date
• And more

Typically, offenders will be required to complete registration as a sex offender with the governing law enforcement agency in the jurisdiction where the offender resides, works, or goes to school.

During registration, sex offenders will receive a classification in accordance with the Child Protection and Safety Act. This classification scale is comprised of three tiers. Classifications are assigned based on assessments of an offender's risk of causing the community harm and/or committing another sexual crime.

The consequences of becoming a registered sex offender can be felt for a lifetime. As a registered sex offender, you'll not only face the stigma of being labeled as a sexual predator, you'll also be forced to face a lifetime of imposing limitations and restrictions that can impact every aspect of daily life and beyond.

In regards to the long-term impacts of becoming a registered sex offender, continued consequences can include:

• Strict limitations on where you can live, work, and travel
• Restricted access to social media and the 'internet of things'
• Prohibited participation or engagement in any activities that involve children even— if it's religion-based.
• Daily activities may be monitored by law enforcement
• Publicly posted information detailing personal information and relevant details associated with your case that resulted in your conviction
• And more

Often times, the most commonly reported issues by registered These effects can include:

• Difficulty finding and/or maintaining employment
• Procuring and maintaining a permanent residence
• Mental and emotional issues like depression, mood disorders, and severe anxiety
• Increased risk of relapse into additional sexual crimes

The severity of the lasting effects on a person convicted of a sex crime can sex offender can be grave and life-altering. If you are facing statutory rape charges, it's important to choose the best sex crimes attorney who can help you navigate this complex, serious legal matter. Contact us online today or call 888-888-8888 to discuss your options for a defense strategy.

Failure to comply with the requirements of being a registered sex offender comes with equally harsh consequences. Failure to register and acts of non-compliance are considered a separate federal offense outside of original charges and conviction.

These separate charges can be filed and prosecuted with automatic enhancement of classifications that escalate the case to the federal level. This means if you are convicted of failing to register or non-compliance, you could be facing even more severe consequences and punishments.

This reclassification also applies to offenders who have been non-federally convicted of a sexual crime and knowingly fails to register or becomes non-compliant as a sex offender following release from jail or prison.

If you are facing charges of statutory rape, or similar criminal sex crimes charges, it's highly recommended that you contact an experienced sex crimes attorney to help you navigate this grave and complex legal matter. It's important to choose an attorney who is qualified to handle the specific details involved in your case.

A sex crimes attorney can help to ensure your rights are protected for the duration of this legal process. During this time, your attorney will work closely with you to build an appropriate case-specific defense strategy that best suits your needs.