RAPE; JUVENILES;

RAPE;

OLR Research Report


February 4, 2003

 

2003-R-0149

STATUTORY RAPE IN THE NEW ENGLAND STATES

By: Sandra Norman-Eady, Chief Attorney

You asked what constitutes statutory rape in the New England states. You were especially interested in knowing whether any of these states restricts the crime to situations where the age difference between the offender and the victim is four years or greater.

SUMMARY

STATUTORY RAPE IN NEW ENGLAND STATES

TABLE 1: STATUTORY RAPE LAWS IN THE NEW ENGLAND STATES

States

Crimes

Penalties

Connecticut

53a-70 (a)(2)

53a-71 (a)(1)

First-degree sexual assault to have sexual intercourse with a person under age 13 if the actor is more than two years older

Second-degree sexual assault to have sexual intercourse with a person between ages 13 and 16 if the actor is more than two years older

10 to 25 years’ imprisonment with a mandatory minimum of five years if the victim is between age 10 and 16 and 10 years if the victim is under age 10. The combined sentence and special parole must equal at least 10 years

Up to 20 years’ imprisonment (nine months mandatory minimum)

Maine

17-A 253 (1)(B)

17-A 254 (1)(A)

Gross sexual assault to have sexual intercourse with a person under age 14

Sexual abuse of a minor for anyone to have sexual intercourse with someone, other than his spouse, who is either age 14 or 15 and the actor is at least five years older.

Up to 40 years’ imprisonment

Up to one-year imprisonment. Up to five years’ imprisonment if the actor is at least 10 years older than the victim.

Massachusetts

272 4

Criminal inducement to get a person under age 18 of chaste life to have unlawful sexual intercourse

Up to three years’ imprisonment or up to two and one-half years in jail

New Hampshire

632-A: 3

Felonious sexual assault for anyone to engage in sexual penetration with a person, other than his spouse, who is under age 16

Up to seven years’ imprisonment

Rhode Island

11-37-6

Third-degree sexual assault for anyone over age 18 to engage in sexual penetration with someone over age 14 and under age 16

Up to five years’ imprisonment

Vermont

13 3252

13 3253

Sexual assault to engage in a sexual act with a person under age 16, except where the actors are married and the act is consensual

Aggravated sexual assault for anyone age 18 or older to engage in a sexual act with someone under age 10

Up to 20 years’ imprisonment

Up to life imprisonment

OTHER STATES WHERE STATUTORY RAPE REQUIRES AGE DIFFERENTIAL OF AT LEAST FOUR YEARS

In New York, a person is guilty of third-degree rape if he is at least age 21 and engages in sexual intercourse with someone less than 17 years old. He is guilty of (1) second-degree rape if he is age 18 or older and engages in sexual intercourse with someone less than age 15 and (2) third-degree rape if he engages in sexual intercourse with someone under age 11 or under age 13 and the actor is age 18 or older. The fact that the offender was less than four years older than the victim at the time of the act is an affirmative defense to second-degree rape (NY Penal Code 130. 25, 130. 30, and 130. 35).

Under Pennsylvania law, a person commits rape, a first-degree felony, when he engages in sexual intercourse with a complainant who is less than 13 years of age. He also commits a first-degree felony when he engages in deviate sexual intercourse with a complainant who is less than (1) 13 years of age or (2) 16 years of age and the actor is four or more years older (Penn. Code 18 3121 and 3123). First-degree felony is punishable by up to 20 years’ imprisonment.

In Wyoming, an actor commits second-degree sexual assault if he inflicts sexual intrusion upon a person under age 12 and the actor is at least four years older than the victim. He commits third-degree sexual assault if, under circumstances not constituting first- or second-degree sexual assault, the actor is at least four years older than the victim and inflicts sexual intrusion on a victim under age 16. Sexual assault in the second degree is punishable by imprisonment for up to 20 years. Sexual assault in the third degree is punishable by imprisonment for up to 15 years (Wyo. Stat. 6-2-303, -304, and -306).

SN-E: eh