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A. Statutory Rape - Criminal Offenses
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An individual less than 16 years of age is unable to consent to sexual activities with a person 4 or more years older than him or her.[847]
Definition of Offenses
Offense Definition 3rd degree sexual assault[848] Inflicting sexual intrusion[849] on someone less than 16 years of age where the defendant is at least 4 years older than the victim. Sexual contact,[850] without inflicting sexual intrusion, with someone less than 14 years of age where the defendant is at least 18 years of age.
Sexual contact, without inflicting sexual intrusion, with someone less than 12 years of age, where the defendant is at least 4 years older than the victim.
2nd degree sexual assault[851] Inflicting sexual intrusion on someone less than 12 years of age, where the defendant is at least 4 years older than the victim.
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B. Child Abuse Reporting Requirements
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1. Inclusion of statutory rape in reporting requirements
Mandatory reporters are required to report all instances where they suspect that a child has been abused or observe any child being subjected to conditions or circumstances that would reasonably result in abuse.[852] The definition of abuse includes the commission, or allowing the commission, of any sexual offense against a child (including the crimes listed in the previous section). It does not include any provisions that indicate that it applies only to persons responsible for a child’s welfare.[853]
2. Mandatory reporters
Any individual who suspects that a child has been abused or observes any child being subjected to conditions or circumstances that would reasonably result in abuse is required to notify the appropriate authorities.[854]
3. Who to report to
Mandated reporters are required to make immediate reports to law enforcement or the field or regional offices of the Department of Family Services in all cases of suspected abuse.[855] Initial reports must be followed by a more detailed written report.[856]
4. State response
The Department of Family Services, through its field or regional offices, is responsible for investigating all reports of alleged abuse. It must initiate the investigation within 24 hours of receiving a report. In its investigation, the Department is required to work in concert with prosecution and law enforcement.[857]
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