STATUTORY RAPE

Statutory Rape

Statutory Rape Law

Introduction

Statutory rape is a criminal offense, which commits when adults have a sexual relationship with whom the law deems not capable of consenting to sex because of their age or incapacity. The law conclusively presumes that minors and incapacitated persons are not sufficiently mature to understand the physical, mental, and emotional consequences of sexual intercourse and, thus, are especially vulnerable to victimization. Accordingly, the law deems both incapacitated persons and children as incapable of consenting to sex, and persons having sex with them are guilty of statutory rape.

To obtain a conviction for statutory rape, the prosecution must prove that an adult had unlawful sexual relations with a person who is in a statutorily protected class. It is because of age or incapacity. A person must be at least 18 to commit statutory rape. Minors who have accusations of committing statutory rape face charges as juvenile delinquents. The statutorily designated age under which a person may not legally give consent to sex differs from state to state, but both physically and mentally incapacitated persons have protection from sexual exploitation in all states. The requirement that the forbidden sexual relations be “unlawful” excludes from punishment adults who have sexual intercourse with their underage or incapacitated spouses. Proof of the sexual relations typically requires evidence of genital or anal penetration by the defendant or the victim, depending on the gender of each.

Discussion

Agree with the Ruling

In the case of Matthew Koso and Crystal, Mr. Koso was 23, and Crystal was 12 years old when they had intercourse. Mr. Koso and Crystal were not under legal bond of marriage at the time. However, Mr. Koso subsequently married Crystal who now has a daughter.

I agree with the ruling on the grounds of Nebraska's statutory law, which states that:

Section 28-319 Sexual assault; first ...