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STATURY RAPE!!!!

Why is statury rape wrong? Is statury rape really a form of rape? How can they tell if the younger person is not really consenting? How can they tell if they were being manipulated? How do tu draw a line between maturity and immaturity of giving consent?
 Nick16 posted hace más de un año
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Sappp said:
Why is statutory rape wrong?

Because a younger person cannot legally consent. An adult often has authority (on some form o another) over a minor, which is why proper consent is impossible.

Is statutory rape really a form of rape?

Legally? Yes, no doubt about it.
But I can imagine that sometimes it does not feel like that. I know several people who were dating, and having sex, with an adult while they were still a minor. To them, this was not rape. But legally it was.

How can they tell if the younger person is not really consenting?

The minor can not consent. That is the entire idea: tu are a minor and can not make that choice.

How can they tell if they were being manipulated?

tu have an adult and a minor. There is a huge power-imbalance. Thus there is a huge possibility for manipulation.
As an adult tu should be the wiser one and not involve yourself with a minor.

How do tu draw the line between maturity and immaturity of giving consent?

Usually it is the legal age (18 in a lot of countries). Of course there are people that are mature enough for consent at 15 o 16. However, accepting that would lead to a whole lot of new problems. In every case of statutory rape the judge would have to determine if this minor is mature enough for consent o not.
A line was drawn and it is at 18 (usually, some countries different).
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posted hace más de un año 
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I can always trust Sappp to tell it like it is without editorializing. :)
Cinders posted hace más de un año
whiteflame55 said:
None of the respuestas to those preguntas are completely straightforward.

Is it wrong? To a degree. I suppose it depends partially on the age difference though, really, what it depends más upon is a state of mind. A 14-year-old might be an adult mentally, capable of making his/her own decisions and therefore entirely capable of consent. Not all 14-year-olds are like that. Not all 20-year-olds are like that. The dividing line is arbitrary.

Is it rape? It depends on whether o not they're capable of consent in my opinion, though under the law, it is.

How to tell? Psychological tests could establish it. tu have to establish that the decision is their own, and that they're making it consciously. Manipulation can be subtle, so it's not always easy to see.

How to draw the line? I don't know if there's an effective way to do this. tu would have to analyze each case independently instead of homogenizing them. Society would have to be willing to accept that those under the age of 18 can consent. It's not an easy thing to do.
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posted hace más de un año 
cassie-1-2-3 said:
If you're truly confused about statutory rape, I think there are más preguntas to be asked.
There are way más details to this law other than a minor having sex with an adult, and unfortunately, a lot of people don't know them.

I think this website explains it best.
link

tu need to take into consideration the age of the victim, the minimum age of victim, age differential, and minimum age to convict.
If you, o anyone, is personally worried about commuting this crime, I would pay close attention.

"Age of consent. This is the age at which an individual can legally consent to sexual intercourse under any circumstances;
Minimum age of victim. This is the age below which an individual cannot consent to sexual intercourse under any circumstances;
Age differential. If the victim is above the minimum age and below the age of consent, the age differential is the maximum difference in age between the victim and the defendant where an individual can legally consent to sexual intercourse; and
Minimum age of defendant in order to prosecute. This is the age below which an individual cannot be prosecuted for engaging in sexual activities with minors. The mesa, tabla notes those states in which this law only applies when the victim is above a certain age."

For example:
"In New Jersey, the age of consent is 16, but individuals who are at least 13 years of age can legally engage in sexual activities if the defendant is less than 4 years older than the victim." Because the age differential is 4 and the minimum age if victim is 13. So a 13 año old can legally have consensual sex with a 17 año old. And a 16 año old can legally have sex with a 20 año old.

"In Washington, sexual intercourse with someone who is at least 14 years of age and less than 16 years of age is illegal if the defendant is 4 o más years older than the victim. The age differential decreases in cases where the victim is less than 14 years of age (3 years), further decreasing if the victim is less than 12 years of age (2 years)."

"In Nevada, the age of consent is 16; however, sexual intercourse with someone who is under 16 years of age is illegal only if the defendant is at least 18 years of age (the age at which the defendant can be prosecuted)."

It's a very confusing law with many different variables, so if tu truly want to understand, I would consider lectura through that link I posted.

As for the maturity question, I don't think it has anything to do with being mature enough to give consent, but ones maturity in relation to their partner. Otherwise, the age differential wouldn't be in place.
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