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A. Statutory Rape - Criminal Offenses
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Children less than 14 years of age are unable to consent to sexual acts regardless of the age of the defendant.[733] Sexual acts with children less than 17 years of age and at least 14 years of age are illegal if the defendant is more than 3 years older than the victim.[734]
Definition of Offenses
Offense Definition Indecency with a child[735] Sexual contact[736] with someone less than 17 years of age where the defendant is 3 or more years older than the victim.[737] Sexual assault[738] Sexually assaulting[739] someone at least 14 years of age and less than 17 years of age where the defendant is 3 or more years older than the victim. Aggravated sexual assault[740] Sexually assaulting someone less than 14 years of age. Note: Marriage is a defense to all of the offenses listed above.
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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 where they have cause to believe that a child’s health or welfare has been adversely affected as a result of abuse by any person.[741] The definition of abuse includes sexual conduct harmful to a child’s mental, emotional, or physical welfare—making specific reference to the three crimes listed in the previous section.[742]
2. Mandatory reporters
Any individual who has cause to believe that a child’s health or welfare has been adversely affected by abuse must notify the proper authorities.
In addition, the statute specifically addresses the reporting requirements as they apply to “professionals” who encounter children they suspect to have been or may be a victim of abuse. The statute defines “professionals” as people who—in their official duties or duties for which a license or certification is required—have direct contact with children and are:
- licensed or certified by the state; or
- employees of a facility licensed, certified, or operated by the state
This includes: teachers, nurses, doctors, day-care employees, employees of a clinic or health care facility that provides reproductive services, juvenile probation officers, and juvenile detention or correctional officers.[743]
3. Who to report to
Individuals must report suspected child abuse to (1) any local or state law enforcement agency or (2) the agency designated by the court to be responsible for the protection of children. Mandated reporters must notify the Department of Protective and Regulatory Services in cases where the defendant is a person responsible for the care, custody, or welfare of the child.[744]
4. State response
The Department of Protective and Regulatory Services and the agency designated by the court to be responsible for the protection of children must notify the appropriate state or local law enforcement agency of all reports they receive.[745] Additionally, district attorneys can request notification from these agencies of cases of reported abuse allegedly occurring in their counties.[746] The Department is responsible for investigating cases involving a person responsible for the care, custody, or welfare of the victim. The appropriate state or local law enforcement agency is responsible for investigating all other reports of child abuse.[747]
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