Reasonable Mistake of Age: A Needed Defense to Statutory Rape

Myers, Larry W.

doi:10.2307/1287118

Cited by 3 publications

References 2 publications

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Legal Definitions of Violence and Aggression

Charette

Hickey

2017

The Wiley Handbook of Violence and Aggression

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This chapter examines the history and changing definitions of aggression, violence, and homicide, particularly as it relates to the United States. What constitutes violence and aggression, and specifically homicide, continues to evolve. Distinctions between homicide, murder, and manslaughter are clearly delineated. Additionally, novel loopholes and other legal quandaries are investigated. The chapter presents a lengthy history of homicide as far back as the 21st century bce through the modern day to demonstrate the changing sentences and definitions that have existed throughout civilized human history. Modern‐day homicide statistics, trends, patterns, and rates are also analyzed and discussed at length; these include an in‐depth examination of race, gender, age, and ethnicity as they relate to perpetrators and victims, as well as geography and how each of these factors relates to murder. The analysis concludes with an attempt to correct the general misperception that serial killing and mass murder are rampant throughout American society.

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Legal Definitions of Violence and Aggression

Charette

Hickey

2017

The Wiley Handbook of Violence and Aggression

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Breaking the Silence on Father-Daughter Sexual Abuse of Adolescent Girls: A Case Law Study

Benedet¹,

Grant²

2020

Canadian Journal of Women and the Law

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Adolescent girls are targeted for sexual violence at a rate higher than females at any other life stage. Girls most often face sexual violence at the hands of men that they know and trust within their own families, yet this type of abuse has largely evaded scrutiny from the #MeToo movement. In this article, the authors seek to revitalize the discussion of sexual abuse against adolescent girls by their fathers. The article is part of a larger study that examined all Canadian judicial decisions involving sexual offences against girls between the ages of twelve and seventeen inclusive over a three-year period. An examination of these cases shows that more than one quarter of all reported decisions involving sexual assault against adolescent girls were committed by stepfathers and biological fathers. The authors found patterns of violence similar to those of coercive control described by adult women in intimate relationships, with men exerting controlling behaviours that extended beyond the sexual activity itself. While conviction rates were relatively high, they were lower for fathers than for other groups of perpetrators. The authors conclude that sexual abuse by fathers may be the easiest to perpetrate, the hardest to uncover, and the most damaging to victims.

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Re-Defining The Role Of Indian Legislature In Regulating Consensual Sex Between Minors

Gupta¹

2020

LRD

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The role of legislator is not simply confined to making laws, but they also play a significant role in development of society as a whole as they escalate or attenuate this process of development by the quality of laws they make. The age of consent laws made by the legislator are one set of laws that are working in contradiction of the aims and objectives for which they were enacted and are rather being criticized. The term „age of consent‟ is itself controversial and it has been suggested what is created is an „age of liability‟ for the offender rather than an age of consent.1It has been argued that „age of consent‟ is an establishment of age at which the law of a country decides that a child is allowed to have sexual intercourse and it has very less to do with consent. Much of the behaviour caught within the web of Rape of a child between 16-18 years of age involves the cases of consensual sexual intercourse, thus involving the adolescent youth of the country who are being prosecuted. This necessitates the need to stop this never-ending web of accusations against the boys who are being prosecuted for having sexual intercourse notwithstanding the involvement and consent of the girl to the fullest. The paper is shared out in four sections. In the first section, the author delves into the theme of statutory rape law and POCSO Act to critically analyse its utility in protecting children from consensual sexual acts. In the second section, the author attempts to examine the legislative intent behind setting such a higher age of consent from a historical perspective and brings to the surface a critique of legislative intent and acts. In the third section, based on a critique of traditional ideology and dearth in approbation of principles of criminalization, the author explains the need of decriminalizing consensual sexual acts among adolescents (between 16 to 18 years of age). In fourth section, the author attempts to conclude by quoting suggestions to frame the best practice paradigm to implementing Statutory Rape law in Indian Legal System.

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Reasonable Mistake of Age: A Needed Defense to Statutory Rape

Cited by 3 publications

References 2 publications

Legal Definitions of Violence and Aggression

Legal Definitions of Violence and Aggression

Breaking the Silence on Father-Daughter Sexual Abuse of Adolescent Girls: A Case Law Study

Re-Defining The Role Of Indian Legislature In Regulating Consensual Sex Between Minors

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