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A. Statutory Rape - Criminal Offenses
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A child who is 14 years of age or less cannot consent to sexual activity, regardless of the age of the defendant. Sexual activity with someone who is at least 14 years of age and less than 16 years of age is illegal if the defendant is older than the victim.[677]
Definition of Offenses
Offense Definition Committing or attempting lewd act upon child under 16[678] With the intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of either party—willfully and lewdly committing or attempting to commit a lewd or lascivious act upon or with someone less than 16 years of age where the defendant is over 14 years of age. 2nd degree criminal sexual conduct with minors[679] Engaging in sexual battery[680] with someone at least 11 years of age and less than 14 years of age. Engaging in sexual battery with someone who is at least 14 years of age and less than 16 years of age where the defendant is older than the victim and not the victim’s spouse.
1st degree criminal sexual conduct with minors[681] Engaging in sexual battery with someone less than 11 years of age. Note: Sexual acts between minors are exempt from prosecution in cases where the victim and defendant are married to one another. However, this exemption is not applicable to marriages entered into by a male under 16 years of age or a female under 14 years of age.[682]
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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 cases where they have reason to believe that a child has been the victim of abuse.[683] The definition of child abuse includes the sexual offenses listed in the previous section when the defendant is the parent, guardian, or other person responsible for the child’s welfare.[684] However, the statutes also require mandated reporters to notify the proper authorities of cases where an act would be considered child abuse if not for the fact that the defendant was someone other than the parent, guardian, or other person responsible for the child’s welfare.[685]
2. Mandatory reporters
Mandated reporters include the following individuals who encounter cases of suspected abuse through their professional capacity: physical and mental health practitioners; clergy members; school teachers, counselors, principals, assistant principals; social or public assistance workers; substance abuse treatment staff; childcare workers; law enforcement officers; and judges.[686] The statute exempts clergy members who learn of abuse through confession and information covered under the attorney-client privilege.[687]
3. Who to report to
If they suspect that a child has been the victim of abuse, mandated reporters must notify—orally, by telephone, or otherwise—the county Department of Social Services or a law enforcement agency in the county. Reports of abuse perpetrated by someone other than the parent, guardian, or other person responsible for the child’s welfare should be made to the appropriate law enforcement agency.[688]
4. State response
The Department of Social Services or law enforcement can conduct investigations of alleged child abuse. It is law enforcement’s responsibility to investigate alleged offenses committed by someone other than the parent, guardian, or other person responsible for the child’s welfare. Law enforcement agencies are required to notify the county Department of any reports they receive.[689]
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