Statutory rape is the only form of rape that is inherently non-violent in nature because it lacks force. However, sentencing of statutory rape crimes do not reflect the fact that statutory rape is a non-violent crime.
The majority of statutory rape cases involve older teenage male offenders who engaged in consensual sexual congress with a female teenage peer that happens to be under the legal age of consent. Legal ages of consent range from as young as 14 to 18. These teenagers often face similar sentences to what an adult would face. In some states teenagers can face 10 years in jail at the minimum. Others are more lenient on younger offenders and have subsequently adopted Romeo and Juliet legislation to curtail harsh sentencing.
Statutory rape is a crime that does not only possess criminal elements; civil charges may also be brought against an offender. Many states have laws that determine the maximum amount of civil damages that may be imposed as a result of statutory rape.
Cases that involve impregnation of the female as a result of unlawful sexual intercourse may impose civil damages on the offender. The judge may also require the offender to pay child support to the mother. For expenses dating back to an infant’s birth, restitution may be imposed on an offender to ensure that the offender’s minimal parental responsibilities are fulfilled. Some argue that this is unfair to poor offenders because it makes them go back to jail if they cannot make restitution payments.
Some states provide law for harsher civil and criminal penalties in cases that involve extramarital relations. If the use of drugs or alcohol are a factor in the events that lead to the case, then some states may impose harsher sentences and penalties.
Many states have statutory rape sentences that range from 0-20 years in prison. In light of the adoption of Romeo and Juliet legislation, there is an across-the-board trend of harsher sentencing for persons 21 and older. This is more in line with the original intent of the legislation to prevent the exploitation of youths. Some states offer lesser sentencing if there is less of an age gap between the offender and the victim.
Other states give sentences of probation for minor cases of statutory rape. The severity of sentencing should reflect the severity of the statutory rape case. Statutory rape is a crime that does not only possess criminal elements, Civil charges may also be brought against an offender as well. States have laws that determine the maximum amount of civil damages that may be imposed as a result of statutory rape.
Statutory rape sentencing varies to a great degree from state to state. It would be best to consult local statutes to know what of the above apply to local jurisdictions. In general they depend on the difference of age between the offender and the victim.
