In seeking for justice, the law has to get followed to the latter. Cases of rape, especially to the minors, are significantly getting pronounced, and the need to curb them is of great importance. The agencies responsible for the human rights are emphasizing mainly on the minors and other vulnerable groups in the society due to the high likely hood injustices. It has been so because they are not empowered and luck symmetrical information on their privileges and rights.
Many people in the entire world take the term "rape," as the action of having sexual intercourse forcibly. However, according to the law, it emerges to be quite varied, as it is the act of a grown up having sex with a minor one. According to the legislation, any person under eighteen years gets considered as minor and thus he/she gets said to be below the consent age. Thus, statutory rape gets defined as the act of having sex with someone under the majority age. Thus, even if the person under the age of majority consents to intercourse, the law considers the agreement as invalid.
The unlawful intercourse with a person aged below eighteen years gets considered as an enormous offense translating that it can get prosecuted as a felony or a misbehavior charge level. The charges are varied depending on the age of the defendant as well that of the victim and even the number of the years in between the two. Statutory rape just like any other sex offense has very devastating penalties. Therefore, with accordance to the California Penal Code § 264.5, statutory rape is considered as a grave offense and anyone caught with such allegations gets prosecuted.
The law stipulates that any person may it be a female or male who gets involved in illicit sexual intercourse with a minor person is blameworthy of a misdemeanor. Also, anyone who engages in the act with a minor person who is younger to him/her by three years gets considered as guilty of the misbehavior. The law thus, states that the perpetrator is guilty of the crime, and he/she should undergo a penalty by getting incarcerated in jail for a period less than one year.
Moreover, any individual aged above twenty-one years who engages in the unlawful intercourse with a person under sixteen years old even with contractual obligation, he or she is said to be guilty of either transgression or a crime. Therefore, the accused thus shall be subjected to imprisonment in a county jail for less than one year period or else detained concerning subdivision (h) of Section 1170 two, three, or four years.
Apart from the punishments as mentioned earlier, there still exist civil penalties for those accused of having statutory rape. The civil penalties given to the victim/plaintiff are in a form of financial reimbursement for the fault, and they range from $2,000 to $10,000 mainly depending on the kind of the act as well the age of both the plaintiff and the executor. In the statutory rape, it gets common, for a parent of the victim to find out and prosecute the perpetrator.
Also, you require noting that, as a prosecutor you need to provide proves some facts for the statutory rape case to stand. Firstly, the prosecutor should give points and show that the unlawful action took place between the accused and the plaintiff. Also, you need to ascertain that the involved parties were not in matrimony to each other and thus the law was violated. Lastly, as the prosecutor you need to provide the details pertaining the victim age.
In conclusion, the law firm stands a better position of assisting the victims in attaining justice. Thus, hearing of any allegations concerning statutory rape, you should not hesitate to inform the law firm.
