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A. Statutory Rape - Criminal Offenses
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Children under 14 years of age are unable to consent to sexual activities under any circumstances. Individuals less than 16 years of age and at least 14 years of age can consent to sexual activities if the defendant is less than 5 years older than the victim or is the victim’s spouse.[217]
Definition of Offenses
Offense Definition 3rd degree sexual assault[218] Engaging in sexual contact[219] with someone at least 14 years of age and less than 16 years of age where the defendant is at least 5 years older than the victim and not the victim’s spouse. 1st degree sexual assault[220] Engaging in sexual penetration[221] with someone less than 14 years of age.
Engaging in sexual penetration with someone at least 14 years of age and less than 16 years of age where the defendant is at least 5 years older than the victim and not the victim’s spouse.
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B. Child Abuse Reporting Requirements
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1. Inclusion of statutory rape in reporting requirements
Mandated reporters are required to report all instances of suspected child abuse.[222] The statutes define child abuse to include sexual assault as defined in the penal code. However, the definition only applies to acts perpetrated by someone related to, residing with, or responsible for the victim.[223]
2. Mandatory reporters
Mandated reporters include persons in any of the following positions who, through their professional or official capacity, have reason to believe child abuse has occurred: licensed or registered professional of the healing arts or any health-related occupation; school employees; individuals working for agencies or institutions that provide social, medical, hospital, or mental health services, including financial assistance; child care providers and employees of child care facilities; and employees of agencies providing recreational or sports activities.[224]
3. Who to report to
Mandatory reporters must make an immediate oral report to the Department of Human Services or the police department if they suspect that a child has been the victim of abuse. All oral reports must be followed by a written report to the Department as soon as possible.[225]
4. State response
The Department of Human Services must notify the appropriate police department of all reports of child abuse that it receives. The Department must also provide the police and prosecutor’s office with any relevant information that would aid in the investigation and/or prosecution of the case.[226]
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