I've been reading a lot of horror stories recently, about the
repercussions of intimate relations between under-age teens. The
anecdotal evidence states that, following a nasty breakup or parental
(or, less often, police) intervention, these teenagers are charged with
and convicted of criminal conduct. Often sentenced to years in prison,
they are forced to register as sex offenders and their lives are
summarily destroyed. [Continue Reading
...]
Anecdotal evidence makes for interesting reading. One of those everyone-knows-someone-who-knows-someone-who...
situations that, like ghost stories around a campfire, are
designed to scare the daylights out of the listener. It is, however,
too often employed by people with preconceived notions and limited
knowledge of the facts, to light a fire of indignation - in one
direction or another. The truth lies somewhere between it never
happens and You'll go to jail forever, if you even think about sex!
Overview
Unlike other types of rape where force is a key element under the law,
all sexual activity with an individual who has not reached the age of
consent (statutory rape) is legally deemed coercive. Therefore, consensual
sexual relationships do not - legally - exist if one, or
even both, of the partners are not old enough to give legal consent.
The law believes that, before a certain age, an individual lacks the
ability to understand the consequences of, and make an informed choice
about, sharing their body with another person.
The laws, because heaven forbid anything should be consistent, vary
widely from state to state. Not only do the age of consent[1],
minimum age of the victim[2], age differential between
victim and defendant[3], and minimum age of the defendant[4]
differ between jurisdictions, state laws also vary in reporting
requirements and responsibilities. Who is required to report what to
whom, and when? Well ... it depends upon where you live.
The US Department of Health and Human Services contracted with The
Lewin Group for a study that, among other data, compiled information
about individual state laws and reporting requirements. (Links to the
study results are included below.[5]) Rather than attempt
to compile details for all 50 states, let's look at Arizona's laws -
and what legal exposure sexually active teens (especially boys) might
be facing in my state.
Arizona
Age Requirements
In Arizona, the numbers are as follows: 1.) a teenager can legally
give consent at 18; 2.) cannot legally give consent before age 15; 3.)
if 15, 16, or 17, s/he must be no more than 24 months younger than
her/his partner and the older of the two must be in high school
or under the age of 19; and 4.) there is no age at which the defendant
is too young to prosecute for statutory rape.
What this says to
me is that 19-year-old high school students in Arizona cannot
be prosecuted if their partner is a student age 17 or older. For
18-year-olds, the threshold is age 16 or older; 17-year-olds, age
15-19; 16-year-olds, age 15-18; and 15-year-olds, age 15-17. Any non-student
, over the age of 18, can be prosecuted for sexual activity
with anyone under the age of 18. Arizona teens of any age, can be
prosecuted for having a physical relationship with anyone under the
age of 15, e.g., two 14-year-olds or a 16-year-old and a 13-year-old.
Seems
pretty straightforward, doesn't it? Well, not so fast. As is typical,
Arizona (not exactly alone in this one) muddies the waters more than a
bit with who has to report, to whom they report, and what must be
reported.
Who Must File Reports
We'll start with who is required to report to authorities, as
that's actually pretty cut and dried: Mandated reporters include
"Physical and mental health providers, social workers, peace officers,
members of the clergy, parents and guardians of the victim, school
personnel, or any other individual who has responsibility for the care
or treatment of the victim." Any person "who reasonably believes that
a minor is or has been a victim" of abuse may also contact
authorities. Clergy, it should be noted, are not mandated by Arizona
law to report suspected abuse - if they learn of the situation during
a confidential communication or confession.
Who Must Receive Reports
To whom are these reports given? If it is suspected that the abuse is
due to an "act or omission" by any person included on the Mandated
Reporters list - e.g., parent, clergy, or physician harming or
failing to protect a minor child - Child Protective Services and
the police (peace officers) must be notified. For acts by non-mandated
reporters, i.e., anyone not responsible for the care or welfare of the
minor, only the police must be contacted.
What Must Be Reported
Now, the fun begins. According to the report[5] and Arizona
law, Sexual Abuse[6], Molestation of a Child[7],
and Sexual Conduct with a Minor[8] must be reported to CPS
and/or the police. Except, and this is why I develop a migraine
whenever I have to look at legal statutes, under ARS
§13-3620 B "A report is not required under this section for
conduct prescribed by sections 13-1404
and 13-1405
if the conduct involves only minors who are fourteen, fifteen, sixteen
or seventeen years of age and there is nothing to indicate that the
conduct is other than consensual." To which I can only say, "Huh?"
We just went through all of the age of consent, minimum ages, age
differentials, and reporting requirements only to slam into - unless
the reporter believes that the conduct is consensual. Okay, so
Arizona teens between the ages of 14 and 17 can still have sexual
relations with Arizona teens between the ages of 14 and 17 without
repercussions? Well, from where I sit, it certainly sounds like it,
doesn't it? With one possible snag.
Remember, one segment of the Mandated Reporters are parents and
guardians. And although the statute states a report isn't 'required,'
it doesn't say that it isn't possible. Not all parents are going to
take kindly to their children being sexually active and frequently
don't approve of the people their teens date.
My Arizona sons are all over 19 now, so we don't fall into that grey
area anymore. They need to date 18-year-olds or face a world of
troubles. And it doesn't much matter, to me anyway, if the girls are
consenting or not. It just isn't worth the risk.
So, wherever you live, if you have sons or daughters, you might want
to check this report and the laws in your state.
-
Age of Consent: "The age at which an individual can
legally consent to sexual intercourse under any circumstances."
-
Minimum Age of Victim: "The age below which an individual cannot
[legally] consent to sexual intercourse under any circumstances."
-
Age Differential: "The maximum difference in age between the
victim and the defendant where an individual can legally consent to
sexual intercourse - IF the victim is above the Minimum Age and
below the Age of Consent."
-
Minimum Age of Defendant: "The age below which an individual
cannot be prosecuted for engaging in sexual activities with minors."
-
Report Source: http://www.hhs.gov/opa/pubs/statutory-rape-state-laws.pdf
or
http://www.lewin.com/content/publications/3068.pdf
-
AZ--Sexual Abuse definition: "Sexual contact with someone
less than 15 years of age if the sexual contact involves only the
female breast where the defendant is not the victim’s spouse."
-
AZ--Molestation of a Child definition: "Sexual contact,
except sexual contact with the female breast, with someone less than
15 years of age."
-
AZ--Sexual Conduct with a Minor definition: "a.) Sexual
intercourse or oral sexual contact with someone less than 15 years
of age where the defendant is not the victim’s spouse; b.) Sexual
intercourse or oral sexual contact with someone at least 15 years of
age and less than 18 years of age where the defendant is at least 19
years of age, not attending high school, at least 2 years older than
the victim, and not the victim’s spouse."
_-_Rest_(1879).jpg)
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