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A. Statutory Rape - Criminal Offenses
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Children under 16 years of age are unable to consent to sexual intercourse regardless of the age of the defendant.[155] Individuals less than 18 years of age cannot consent to sexual intercourse if the defendant is 30 years of age or older except in those cases where the victim and the defendant are married to one another.[156]
Definition of Offenses
Offense Definition 2nd degree unlawful sexual contact[157] Intentional sexual contact[158] with another person who is less than 16 years of age. 4th degree rape[159] Intentionally engaging in sexual intercourse[160]/penetration[161] with someone who is less than 16 years of age.
Intentionally engaging in sexual intercourse with someone who is less than 18 years of age where the defendant is 30 years of age or older.3rd degree rape[162] Intentionally engaging in sexual intercourse/penetration with someone who is less than 16 years of age where the defendant is at least 10 years older than the victim.
Intentionally engaging in sexual intercourse/penetration with someone who is less than 14 years of age where the defendant is 19 years of age or older.2nd degree rape[163] Intentionally engaging in sexual penetration with someone who is less than 12 years of age where the defendant is 18 years of age or older. 1st degree rape[164] Intentionally engaging in sexual intercourse with someone who is less than 12 years of age where the defendant is 18 years of age or older.
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B. Child Abuse Reporting Requirements
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1. Inclusion of statutory rape in reporting requirements
The Delaware Code require mandated reporters to report suspected child abuse.[165] The statute defines child abuse to include physical injury to a child through sexual abuse by any person responsible for the care, custody, and control of the child.[166] In addition, the reporting requirements mandate the investigation of all cases where acts perpetrated by a person responsible for the child would constitute a violation of any of the offenses listed in the previous section.[167]
2. Mandatory reporters
Physical and mental health providers and any other person who knows or in good faith suspects child abuse.[168] Privileged communication between attorneys and clients and between priest and penitent is exempt from these requirements.[169]
3. Who to report to
Mandatory reporters encountering a case of child abuse must make an immediate oral report to the Division of Child Protective Services of the Department of Services for Children, Youth, and Their Families. Reports should be made in accordance with the rules and regulations adopted by Division.[170]
4. State response
The Division of Child Protective Services must maintain a Child Protection Registry that documents reports of abuse. Upon receipt of a report, the Division must check its internal information system to determine whether previous reports have been made. The report is then forwarded to the appropriate Division staff for further investigation based on Division-established protocols. The Division must also notify the appropriate law enforcement agency upon receipt of any report.[171]
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