State Laws. Alaska

09/25/2000

  • A. Statutory Rape - Criminal Offenses

    • Children under 16 years of age are unable to consent to sexual activity,[54] with the following exceptions:

      • If the defendant and victim are married to one another[55]
      • If the victim is at least 13 years of age and the defendant is less than 3 years older than the victim[56]
      • If the victim is less than 13 years of age and the defendant is less than 16 years of age and less than 3 years older than the victim[57]

      Definition of Offenses

      Offense Definition
      4th degree sexual abuse of a minor[58] Sexual penetration or sexual contact with a person under 13 years of age where the defendant is under 16 years of age and at least 3 years older than the victim.
      3rd degree sexual abuse of a minor[59] Sexual contact with someone 13, 14, or 15 years of age where the defendant is at least 16 years of age and at least 3 years older than the victim.
      2nd degree sexual abuse of a minor[60] Sexual penetration (or aiding, inducing, causing, or encouraging sexual penetration) of someone 13, 14, or 15 years of age where the defendant is at least 16 years of age and at least 3 years older than the victim.
      Sexual contact (or aiding, inducing, causing, or encouraging sexual contact) with someone under 13 years of age where the defendant is at least 16 years of age.
      1st degree sexual abuse of a minor[61] Sexual penetration (or aiding, inducing, causing, or encouraging sexual penetration) of someone under 13 years of age where the defendant is at least 16 years of age.

      Note: These crimes are only applicable in cases where the defendant and victim were not married to one another at the time of the offense.[62]

  • B. Child Abuse Reporting Requirements

    • 1. Inclusion of statutory rape in reporting requirements

      Alaska statutes require mandated reporters to report all instances where they suspect that a child has suffered harm as the result of child abuse.[63] The definition of child abuse includes specific reference to sexual abuse, and it does not include any provisions that indicate that it applies only to parents, guardians, or custodians of the child in question.[64]

      2. Mandatory reporters

      Mandatory reporters include: practitioners of the healing arts; school teachers and administrative staff; law enforcement and correctional officers; administrative officers of institutions; child care providers; and employees of crisis intervention and prevention programs.[65]

      3. Who to report to

      Mandatory reporters are required to report to the nearest office of the Department of Health and Social Services within 24 hours if they suspect that a child has suffered harm as a result of child abuse. If a reporter cannot contact an office of the Department, he or she can make a report to law enforcement.[66]

      4. State response

      Upon receipt of a report of abuse, the Department of Health and Social Services is required to notify the Department of Law. If a law enforcement agency receives a report of abuse, it is required to immediately notify the Department of Health and Human Services. The Department of Health and Social Services must immediately conduct an investigation and provide the Department of Law with a written report of the investigation within 72 hours of the receipt of a report of abuse.[67] The Department of Health and Social Services must inform the nearest law enforcement agency if it concludes that the report involves conduct that falls under the state’s sexual abuse laws.[68]