Those who break the law have committed statutory rape. Statutory rape laws are premised on the assumption that minors are incapable of giving informed consent to sexual activities.
What is the Age of Consent for Sex in Pennsylvania?
The age of consent can vary among states, and some states differentiate between consensual sex between minors who are close in age for example, two teenagers of the same age , as opposed to sex between a minor and a much older adult. Though statutory rape does not require that the prosecutor prove an assault, it is still rape. Of course, rape that does involve force or an assault is illegal in Pennsylvania and prosecuted as forcible rape.
Penalties depend on the ages of the defendant and victim, and the conduct that occurred, as described below. Rape includes sexual intercourse including genital, oral, or anal penetration, however slight with a minor who is younger than 13 years old. This offense is a first degree felony. Statutory sexual assault includes sexual intercourse including genital, oral, or anal penetration, however slight with a child who 13, 14, or 15, when:.
Involuntary deviate sexual intercourse includes oral sex, anal sex, or genital or anal penetration with an object between a minor who is younger than 13 and a defendant of any age. It also includes minors who are 13, 14, or 15 when the defendant is at least four years older than the victim. Aggravated indecent assault includes genital or anal penetration however slight with a body part, between a minor who is younger than 13 and a defendant of any age. This offense is a second degree felony.
Pennsylvania Statutory Rape Laws | evasdernatys.ml
Indecent assault includes any sexual or intimate touching for the purpose of arousing or gratifying sexual desire. It is also a criminal offense in Pennsylvania for teachers, other school employees, and school volunteers to engage in sexual activity with school students who are under the care and control of the defendant. State law requires—in addition to the applicable fines and prison time—that people convicted of certain instances of statutory rape must register as sex offenders.
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Minors are legally incapable of giving consent to having sex; so for example, if Jen, who is 15 years old, willingly has sex with Tony, her year-old boyfriend, Tony can face criminal charges, since Jen is not legally capable of giving consent in the first place. But if Jen and Tony are married and living in Pennsylvania, Tony need not fear criminal charges for having consensual sex with Jen.
Pennsylvania Age Of Consent
The marital defense is a remnant of the marital rape exemption. However, if Tony were to rape Jen force her to have sex against her will , he would have no protection under the law even if the two are married. In Pennsylvania, there is a Romeo and Juliet exemption that prevents the prosecution of consensual sexual acts between a minor who is 13 or older and a defendant who is less than four years older. However, sexual contact with a child younger than 13 is always a serious crime, no matter the age of the defendant.
A conviction for sexual intercourse with someone under the age of 13 can result in as many as 40 years in prison. Defendants accused of statutory rape often claim that they had no reason to know that their partner was underage. They may argue that the child said that he or she was of age, and that a reasonable person would have believed it.
Pennsylvania has a close-in-age exemption. A close in age exemption , also known as "Romeo and Juliet law", is designed to prevent the prosecution of underage couples who engage in consensual sex when both participants are significantly close in age to each other, and one or both are below the age of consent. Depending on the situation, the Pennsylvania close-in-age exemption may completely exempt qualifying close-in-age couples from the age of consent law, or merely provide a legal defence that can be used in the event of prosecution. 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. The age of consent in Pennsylvania is based on the following statutes from the Pennsylvania criminal code:. Pennsylvania has six 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 Pennsylvania Age of Consent, as statutory rape or the Pennsylvania 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.
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Click any charge for more detailed information. Back to list of state ages of consent View international ages of consent.