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A. Statutory Rape - Criminal Offenses
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According to the Vermont Statutes, children under the age of 16 are unable to consent to sexual acts unless the defendant is their spouse.[772] However, in 2000 the Vermont State Supreme Court ruled that this law is only applicable in cases where the defendant is at least 16 years of age.[773]
Definition of Offenses
Offense Definition Lewd or lascivious conduct with child[774] With the intent of arousing, appealing to, or gratifying the lust, passions or sexual desires of either party—willfully and lewdly committing any lewd or lascivious act with someone less than 16 years of age. Sexual assault[775] Engaging in a sexual act[776] with someone less than 16 years of age where the defendant is not the victim’s spouse (see the previous section for exceptions to this law). Aggravated sexual assault[777] Committing sexual assault upon someone less than 10 years of age where the defendant is at least 18 years of age.
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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 of child abuse.[778] The definition of child abuse includes sexual abuse regardless of the defendant’s relationship to the child. The definition of sexual abuse includes rape, molestation, and lewd and lascivious conduct involving a child.[779]
2. Mandatory reporters
Mandatory reporters include: physical and mental health providers; school superintendents, teachers, librarians, principals, and guidance counselors; day care workers; social workers; probation officers; camp owners, administrators, and counselors; clergy members;[780] and police officers.[781]
3. Who to report to
Mandated reporters must notify—orally or in writing—the Commissioner of Social and Rehabilitation Services of all cases of suspected abuse.[782]
4. State response
The Commissioner of Social and Rehabilitation Services must initiate an investigation within 72 hours of receiving any report of child abuse.[783]
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