New Jersey statutory rape law is violated when a person has consensual sexual intercourse with an individual under age. A close in age exemption exists.
Table of contents
- What Is the Least Time You Have to Be Separated for You to Get a Divorce in New Jersey?
- New Jersey Age of Consent Lawyers
- New Jersey Age of Consent & Statutory Rape Laws
- Separation Grounds Still Available
Only 12 states set a specific age ranging from 16 to 18 , while in the majority of states, the age of consent depends on multiple factors, including the ages of each partner and the number of years between them.
The purpose behind most statutory rape laws is to punish grown adults who take sexual advantage of a minor. The following are just a few examples of Romeo and Juliet laws currently in place in the United States:.
Exceptions and Other Considerations In addition to Romeo and Juliet laws, some states have specific exemptions when both parties to the sexual act are minors, or the person to be charged is legally married to the minor. However, there are still restrictions in some states about the type of sexual activity that is permissible, such as oral sex and sodomy, as well as restrictions on relationships involving a minor and a person of authority, including teachers, coaches, or tutors.
All states have special provisions if any physical force was used or serious physical injury resulted. Until recently, statutory rape laws applied only to females, ignoring situations involving sex between an adult female and underage male.
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Today, most laws are gender neutral, and a number of women in authority positions such as Mary Kay Letourneau, Debra Lafave, Pamela Rogers Turner, and Pamela Smart have been prosecuted for engaging in sexual relationships with younger males. Does the Punishment Fit the Crime? While many states have strict statutory rape laws on the books, prosecutors have been inconsistent in enforcing them, says Mark Chaffin, a researcher with the National Center on the Sexual Behavior of Youth.
What Is the Least Time You Have to Be Separated for You to Get a Divorce in New Jersey?
One particularly shocking case drew international attention when year-old Georgia resident, Genarlow Wilson, was charged with aggravated child molestation and sentenced to 10 years in prison for having consensual oral sex with a year-old girl. Georgia law, which has since been changed to classify this act as a misdemeanor carrying a maximum penalty of one year in prison, also required Wilson to register as a sex offender when he was released. Are Statutory Rape Laws Outdated? Statutory rape laws are based on the premise that although young girls may want to have sex, they may not have enough experience or discernment to make a mature, informed decision.
The laws are designed to protect young people who have less information and power than their and-over counterparts. For example, minors may be less likely than adults to understand sexually transmitted diseases, have access to contraception, and have the resources to raise a child if they become pregnant. Most people believe there is a clear line between young people wanting to date and have sex, and adults molesting or assaulting a child.
New Jersey Age of Consent Lawyers
And most would agree that the difference between intimacy and abuse should be reflected in the laws of each state. But not all parties agree on how strict the laws should be. Critics of strict statutory rape laws argue that while sexual relationships between teens relatively close in age may be morally questionable, prosecuting every case would unnecessarily clog up the justice system.
But advocates of more diligent enforcement of statutory rape laws believe that the laws help combat the often underreported and hard-to-prove sexual abuse and rape of young girls. Others add that imprisoning men who are convicted of the crime could have a significant impact on teenage pregnancy and birth rates.
New Jersey Age of Consent & Statutory Rape Laws
Know the Laws in Your State Dating is a normal part of teenage life. But with the privilege of dating comes serious responsibilities. In the United States, the age of consent is the minimum age at which an individual is considered legally old enough to consent to participation in sexual activity. Individuals aged 15 or younger in New Jersey are not legally able to consent to sexual activity, and such activity may result in prosecution for statutory rape. New Jersey statutory rape law is violated when a person has consensual sexual intercourse with an individual under age.
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A close in age exemption exists allowing minors between ages 13 and 15 to engage in sexual congress with a partner up to 4 years older. The Age of consent is raised to 18 if the older partner is a parent, guardian, sibling, a relative closer than a 4th cousin, or an individual with some authority over the younger party for example, a teacher or the victim's boss.
Separation Grounds Still Available
New Jersey 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 New Jersey 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.
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- New Jersey’s Statutory Rape Laws and Potential Penalties.