State Laws. Arkansas

09/25/2000

  • A. Statutory Rape - Criminal Offenses

    • Individuals under 14 years of age cannot consent to sexual activities, with the following exception:

      • If the victim is at least 12 years of age and less than 14 years of age and the defendant is no more than 3 years older than the victim[85]
      • If the victim is less than 12 years of age and the defendant is no more than 3 years older than the victim[86]

      In addition, children less than 16 years of age cannot consent to sexual activity if the defendant is at least 20 years of age.[87]

      Definition of Offenses

      Offense Definition
      4th degree sexual assault[88] Sexual intercourse,[89] deviate sexual activity,[90] or sexual contact[91] with someone less than 16 years of age where the defendant is at least 20 years of age.
      3rd degree sexual assault[92] Sexual intercourse or deviate sexual activity with someone less than 14 years of age where the defendant is under 18 years of age and more than 3 years older than the victim.
      2nd degree sexual assault[93] Sexual contact with someone less than 14 years of age where the defendant is at least 18 years of age.
      Sexual contact with someone at least 12 years of age and less than 14 years of age and where the defendant is less than 18 years of age and more than 4 years older than the victim.
      Sexual contact with someone less than 12 years of age where the defendant is less than 18 years of age and more than 3 years older than the victim.
      Rape[94] Sexual intercourse or deviate sexual intercourse with someone less than 14 years of age where the defendant is more than 3 years older than the victim.

      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.[95]

  • B. Child Abuse Reporting Requirements

    • 1. Inclusion of statutory rape in reporting requirements

      The Arkansas Code requires mandatory reporters to report all cases of suspected child maltreatment.[96] Sexual abuse—included in the definition of child maltreatment—includes actual or attempted sexual intercourse, deviate sexual activity, or sexual contact with a child less than 16 years of age by someone at least 18 years of age and not that person’s spouse. The definition of sexual abuse does not include any provisions that indicate that it applies only to parents, guardians, or custodians of the child in question.[97]

      2. Mandatory reporters

      Mandatory reporters include: child care workers; physical and mental health providers; domestic abuse advocates and volunteers; members of the clergy;[98] law enforcement officials; prosecutors; school employees; social workers; and employees of the Department of Human Services.[99]

      3. Who to report to

      Mandated reporters are required to notify the Department of Human Services through its 24-hour child abuse hotline if they have reasonable cause to suspect a case of child maltreatment.[100]

      4. State response

      The Department of Human Services is responsible for investigating all reports of child maltreatment within 72 hours of receiving them from the child abuse hotline. The Department of Human Services is required to inform the prosecutor’s office of the report unless the office has given the department written notification stating that it does not require such notice. The Department of Human Services must complete a written determination based on its investigation within 30 days of receiving the report.[101] The department is required to provide a copy of this report to the appropriate law enforcement officials and the prosecutor’s office.[102]