RAPE; JUVENILES;

RAPE;

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

Most states do not refer specifically to statutory rape; instead they use designations such as sexual assault and sexual abuse to identify prohibited activity. Regardless of the designation, these crimes are based on the premise that until a person reaches a certain age, he is legally incapable of consenting to sexual intercourse. Thus, instead of including force as a criminal element, theses crimes make it illegal for anyone to engage in sexual intercourse with anyone below a certain age, other than his spouse. The age of consent varies by state, with most states, including Connecticut, setting it at age 16. The age of consent in other states ranges from ages 14 to 18.

Maine and Vermont are the only New England states where the age difference between the offender and the victim must be four years or greater. Like most states, they have classifications and degrees of criminal behavior that constitute statutory rape based on the age of the victim. Only one classification in each state has the age difference between the victim and the offender as a criminal element.

In Maine, a person is guilty of sexual abuse of a minor if he engages in a sexual act with someone, other than his spouse, who is either age 14 or 15 and the actor is at least five years older. The penalty for a violation is less than one-year imprisonment. If the actor is at least 10 years older than the victim, the penalty is enhanced to up to five years’ imprisonment.

Maine does not specify any particular age that an actor has to be to commit gross sexual assault. Anyone commits this crime when he has sexual intercourse with a person who has not attained age 14. Gross sexual assault is punishable by up to 40 years’ imprisonment.

In Vermont, a person commits aggravated sexual assault if he is at least age 18 and has sexual intercourse with a person under age 10. This crime is punishable by up to life imprisonment. Anyone, regardless of age, commits sexual assault in Vermont when he has sexual intercourse with a person, other than his spouse, under age 16. The penalty for this crime is up to 20 years’ imprisonment.

Although Maine and Vermont are the only New England states that require an age differential of at least four years between actor and victim to constitute one crime of statutory rape, they are not the only states with such a requirement. Colorado, Iowa, New York, Pennsylvania, and Wyoming are some of the other states with similar requirements.

STATUTORY RAPE IN NEW ENGLAND STATES

All of the New England states have a statutory rape law to protect people legally incapable of consenting to sexual intercourse. The age of consent is highest, at 18, in Massachusetts. It is 16 in the remaining five states. Table 1 shows the statutory rape laws, including the penalties, by state.

TABLE 1: STATUTORY RAPE LAWS IN THE NEW ENGLAND STATES

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

Colorado, Iowa, New York, Pennsylvania, and Wyoming are a few of the states where the age difference between the victim and the offender must be at least four years to constitute statutory rape.

In Colorado, any actor who knowingly inflicts sexual intrusion or sexual penetration on a victim commits sexual assault if at the time of the commission of the act the victim is (1) less than 15 years old and the actor is at least four years older or (2) at least 15 years old but less than 17 years old and the actor is at least 10 years older (CRS §18-3-402). The former is punishable by two to six years’ imprisonment and the latter by one to two years imprisonment (CRS §§18-1. 3-501 and 18-1. 3-401).

In Iowa, a person commits sexual abuse in the third degree when he performs a sex act and the other participant (not his spouse) is (1) age 12 or 13 or (2) age 14 or 15 and the actor is five or more years older. Sexual abuse in the third degree is punishable by up to 10 years’ imprisonment (Iowa Code § 709. 4).

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).

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