¶ … Hypothetical Situation
Case Facts: Darryl is a 20-year-old man who has consensual sexual intercourse with Victoria, a 15-year-old girl. Darryl usually likes his sex to be very physical or rough in nature. Although she is uncomfortable with this, Victoria goes along because she would be embarrassed if Darryl thought she was inexperienced. Unbeknownst to either of them, Victoria is pregnant at the time that she and Darryl have intercourse. Due to the rough nature of their actions, Victoria miscarried resulting in the death of the unborn child.
The first issue presented in this case is whether the Darryl committed statutory rape since Victoria was a minor at the time of the incident. The second legal issue in this case is whether Darryl committed feticide, which is an act that contributes to the death of an unborn fetus, though he did not know about the pregnancy when having intercourse with Victoria.
Rule: Sexual intercourse with a minor i.e. an individual aged below 16 years is prohibited by the law. The law also specifies the age of consent for sexual activity, which is used as the premise for determining legal issues relating to sexual intercourse. Sexual intercourse with a girl aged below 16 years is considered as statutory rape even if the act was consensual between the two parties (Vij, 2014). The age of consent for sexual activity for a girl is stipulated as 16 years or more by the law. Darryl sexual intercourse with Victoria can be considered legal or illegal depending on the rule of law or regulations that are relevant to the situation. The rule of law in this situation is that common law makes it illegal to have sexual intercourse even if it's consensual with a girl aged below 16 years. According to common law, sexual intercourse between an adult and a minor past the puberty age is considered as statutory rape. Additionally, statutory rape is a term used to refer to sexual intercourse sexual acts where one of the parties is below the legal age of consent for sexual activity.
Feticide is defined...
These statistics deny that a great number of older men are taking advantage of young girls and making them pregnant. Eight per cent is hardly an epidemic. If the problem is occurring only 8% of the time, then statutory rape laws should be enforced in about 8% of the cases. The problem is how to sift through all the cases and find the right ones to prosecute, leaving the remaining
Conclusion Statutory rape is one of the more difficult subjects in criminal justice. Every actor in the law enforcement community wants to strike a balance between ensuring that a victim is adequately protected and imposing realistic punishments that are proportionate to the level of the crime. To help ensure this, many states have lowered punishments when offenders are under the age of 21 with victims over a certain age limit. That
Here, Y was 13 years old when she had intercourse with D, a 25-year-old man. D is guilty of statutory rape, thus D. is incorrect. The answer would only be different if the state's law allowed for intercourse with a 15-year-old. 2. False imprisonment is the illegal confinement of one individual against his or her will by another individual in such a manner as to violate the confined individual's right
In “Crimes Which Startle and Horrify: Gender, Age, and the Racialization of Sexual Violence in White American Newspapers, 1870-1900,” Estelle Fredman situates rape as a series of interconnected power relations, focusing on the intersection between race and gender in particular. Fredman analyzes the historical context of rape, showing how rape is socially constructed in ways that reinforce patriarchal and racist norms. Besides the cogent thesis driving Fredman’s work, the author
Police In this scenario of what may be an instance of domestic violence, the officer has the option of simply talking to the couple, determining what is wrong and issuing a warning-or pressing charges against both or one of the participants for disorderly conduct. The police officer can simply use his or her presence to influence the couple's behavior or can use the actual weight of the law. The officer will
Rape Case Law and Jurisprudence Panichas[footnoteRef:2] discriminated between aggravated rape and lesser offenses in a review of Stephen Schulhofer's book Unwanted Sex: The Culture of Intimidation and the Failure of Law. When the use of violence or its threat is used to overcome a victim's lack of consent, immediately before the assault, and this is clearly demonstrated by the evidence presented in court, then aggravated rape has occurred. If, however,
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