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A. Statutory Rape - Criminal Offenses
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Intercourse with a female under 18 years of age is considered rape, regardless of the age of the defendant.[227] The only defense to this crime is if the defendant is the victim’s spouse.[228] Sexual acts, not amounting to penetration, with a minor who is less than 18 years of age but at least 16 years of age are legal in cases where the defendant is less than 5 years older than the victim.[229]
Definition of Offenses
Offense Definition Sexual battery of a minor child 16 or 17 years of age[230] With the intent to gratify the lust, passions, or sexual desire of any party—committing lewd or lascivious acts,[231] soliciting a minor to participate in a sexual act,[232] or engaging in sexual contact[233] where the victim is at least 16 years of age and less than 18 years of age and the defendant is 5 or more years older than the victim. Sexual abuse of a child under the age of 16 years[234] With the intent to gratify the lust, passions, or sexual desire of any party—soliciting a minor to participate in a sexual act or engaging in sexual contact where the victim is less than 16 years of age and the defendant is at least 18 years of age. Lewd conduct with a minor under 16[235] With the intent to gratify the lust, passions, or sexual desire of any party—committing lewd or lascivious acts with someone less than 16 years of age. Rape[236] Penetration[237] of a female who is less than 18 years of age and not the victim’s spouse.[238]
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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 of all cases in which they suspect a child under 18 years of age has been the victim of abuse.[239] Although the sexual offenses defined in the criminal code are not specifically referenced, the definition of abuse contains specific reference to sexual conduct, including rape and molestation.[240] The reporting requirement does not include any provisions that indicate that it applies only to parents, guardians, or custodians of the child in question.
2. Mandatory reporters
Mandatory reporters include: any physical or mental health provider, school teacher, day care personnel, social worker, or other person having reason to believe that a child under 18 years of age has been abused. Clergy members who learn of abuse through confidential communication are exempted from reporting requirements.[241]
3. Who to report to
Mandated reporters are required to inform the Department of Health and Welfare or law enforcement within 24 hours of encountering a case of suspected abuse.[242]
4. State response
Law enforcement must notify the Department of Health and Welfare of any reports of alleged abuse that it receives.[243]
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