Legal dating age laws in california
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California Law on Underage Dating
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California Age Of Consent Law: From the amounts collected for each case, an calfornia equal to the costs of pursuing the action shall be deposited with the Lefal of the county in which the judgment was entered, and the remainder shall be deposited in the Underage Pregnancy Prevention Fund, which is hereby created in the State Treasury. Amounts deposited in the Underage Pregnancy Prevention Fund may be used only for the purpose of preventing underage pregnancy upon appropriation by the Legislature.
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Punishments for Violating the Age Of Consent in California 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. 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 calidornia 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 Are Statutory Rape Laws Outdated?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. But not all parties agree on how strict the laws should be. Critics of strict statutory rape laws argue that while sexual relationships between teens relatively close in age may be morally questionable, prosecuting every case would unnecessarily clog up the justice system. IC states: The law allows the actor a defense to prosecution if the victim is currently or was previously married the absolute minimum marriageable age in Indiana is 15although this defense does not apply in the case of violence, threats or drugs. This is not a close-in-age exception though, but merely a defense in court.
The law also allows a mistake of age defense if the actor reasonably believed the victim was 16 or older. The age limit rises to 18, according to IC, if the actor is an adult who is the guardian, adoptive parent, adoptive grandparent, custodian, or stepparent of the minor; or a child care worker for the minor; or a military recruiter who is attempting to enlist over the minor. Under certain aggravating circumstances, the crime becomes a Class A felony. Section A person commits sexual abuse in the third degree when the person performs a sex act under any of the following circumstances Kansas[ edit ] The age of consent in Kansas is Aggravated indecent liberties with a child is sexual intercourse with a child who is 14 or more years of age but less than 16 years of age.
Limon the previous Kansas age of consent law, which did not apply to homosexuals, was struck down by the Kansas Supreme Court due to 's Lawrence v. Texas decision. Kentucky[ edit ] The age of consent in Kentucky is Consensual sex with persons at least age 16 but not yet 18 is permitted only if the actor is less than 10 years older than the younger party.
California age laws Legal dating in
Typically, the charges and potential punishments get more serious the callifornia the victim. Sex Offender Registration State law requires, in addition to the applicable lawa and prison time, that people convicted of certain sexual crimes including certain instances of statutory rape must register as sex offenders. Statutory rape marital exception California has a marital exemption for statutory rape that allows married people to have consensual sex even if their ages would prohibit it if they were not married. The marital defense is a remnant of the marital rape exemption. Minors are legally incapable of giving consent to having sex; so for example, if Jen, a 16 year old willingly has sex with Tony, her 23 year old boyfriend, Tony can be charged with rape, since Jen is not legally capable of giving consent in the first place.
But if Jen and Tony are married and living in California, Tony need not fear criminal charges for having consensual sex with Jen. This is because California has a marital exemption to the California statutory rape laws. However, if Tony were to rape Jen force her to have sex against her willhe would have no protection under the law even if the two are married.