-
A. Statutory Rape - Criminal Offenses
-
Engaging in sexual conduct with someone less than 13 years of age is illegal regardless of the age of the defendant (unless the defendant and victim are married and living together).[589] Sexual conduct with someone who is at least 13 years of age and less than 16 years of age is illegal if the defendant is at least 18 years of age and not the victim’s spouse.[590]
Definition of Offenses
Offense Definition Importuning[591] Soliciting someone less than 13 years of age to engage in sexual activity,[592] whether or not the defendant knows the age of the victim. Soliciting someone at least 13 years of age and less than 16 years of age to engage in sexual conduct[593] where the defendant is at least 18 years of age, 4 or more years older than the victim, and not the victim’s spouse—whether or not the defendant knows the age of the victim.
Gross sexual imposition[594] Sexual contact[595] with someone less than 13 years of age where the defendant is not the victim’s spouse—whether or not the defendant knows the age of the victim. Unlawful sexual conduct with a minor[596] Engaging in sexual conduct with someone the defendant knows to be at least 13 years of age and less than 16 years of age (or is reckless in that regard) and the defendant is at least 18 years of age and not the victim’s spouse.[597] Rape[598] Sexual conduct with someone less than 13 years of age where the defendant and victim are not married and living together— whether or not the defendant knows the age of the victim.
-
-
B. Child Abuse Reporting Requirements
-
1. Inclusion of statutory rape in reporting requirements
Mandated reporters are required to notify the appropriate authorities of all cases of suspected abuse.[599] The definition of abuse makes specific reference to children who are victims of sexual activity that constitutes a crime listed in the “Sexual Offenses” chapter of the statutes. The definition does not include any provisions that indicate that it applies only in those cases where the defendant was the victim’s parent, guardian, or custodian.[600]
2. Mandatory reporters
Mandated reporters include the following individuals who encounter cases of suspected abuse through their professional or official capacity: physical and mental health providers; attorneys; child care administrators and employees; school teachers, employees, authorities; social workers; and clergy members.[601]
3. Who to report to
Mandated reporters must make an immediate report to the public children services agency (usually the Department of Job and Family Services) or a municipal or county peace officer in the county where the victim resides or where the suspected abuse occurred. Initial reports can be made by telephone or in person and, if requested, must followed by a written report.[602]
4. State response
The local public children services agency (usually the Department of Job and Family Services) is responsible for initiating investigations of reported abuse within 24 of receiving a report. The local public children services agency must coordinate its investigations with law enforcement—it must have a memorandum of understanding with law enforcement, the district attorney’s office, juvenile judges, and any other relevant public children services agencies in the county.[603]
-
