-
A. Statutory Rape - Criminal Offenses
-
Sexual acts with someone under 16 years of age are illegal, with the following exceptions:
- If the victim is less than 13 years of age and the defendant is no more than 3 years older than the victim[410]
- If the victim is at least 13 years of age and the defendant is no more than 2 years older than the victim.[411]
Definition of Offenses
Offense Definition 4th degree criminal sexual conduct[412] Engaging in sexual contact[413] with someone less than 13 years of age where the defendant is no more than 3 years older than the victim. Engaging in sexual contact with someone at least 13 years of age and less than 16 years of age where the defendant is more than 4 years older than the victim.
3rd degree criminal sexual conduct[414] Engaging in sexual penetration[415] with someone less than 13 years of age where the defendant is no more than 3 years older than the victim. Engaging in sexual penetration with someone at least 13 years of age less and than 16 years of age where the defendant is more than 2 years older than the victim.
2nd degree criminal sexual conduct[416] Engaging in sexual contact with someone less than 13 years of age where the defendant is more than 3 years older than the victim. 1st degree criminal sexual conduct[417] Engaging in sexual penetration with someone less than 13 years of age where the defendant is more than 3 years older than the victim.
-
-
B. Child Abuse Reporting Requirements
-
1. Inclusion of statutory rape in reporting requirements
Mandated reporters are required to report all instances where they have reasonable cause to suspect that a child is a victim of sexual abuse. The definition of sexual abuse makes specific reference to the criminal sexual conduct statutes described in the previous section. However, sexual abuse is defined to only include those acts perpetrated by a person responsible for the child’s care, someone living in the same house as the child or related to the child, or someone in a position of authority. The one exception to this requirement is if a mandated reporter suspects that a defendant has sexually abused two or more children, not related to the defendant, in the past 10 years.[418]
2. Mandatory reporters
Mandated reporters include: physical and mental health practitioners, social service workers, hospital administrators, child care workers, educators, and law enforcement officials. Members of the clergy are required to report suspected abuse as long as they did not learn of it through a confession received in their professional capacity.[419]
3. Who to report to
Mandated reporters must make an oral report to the police department, the local welfare agency, the county agency responsible for child protective services, or the county sheriff within 24 hours of encountering a case of suspected abuse. They must follow the initial report with a written report within 72 hours.[420]
4. State response
Law enforcement and human services agencies must immediately notify one another of any reports of suspected abuse they receive. Each agency must designate a staff person who is responsible for ensuring that the proper entities are notified of reported abuse. In cases where the suspected abuse includes a violation of one of the crimes listed in the previous section, the local law enforcement and welfare agencies must coordinate their investigations. However, they are required to produce separate reports.[421]
-
