Legal Teen Sex

Legal Teen Sex

Elizabeth Murigi January 17 2018 in Society

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The legal age of consent in the United States at the federal level is 16 years. Sexual relationships with a person aged less than 16 years amount to statutory rape, and it is punishable by the law. Apart from the federal law on statutory rape, each of the states in the US has its local laws regarding consensual sex. The consensual age varies from 16 years to 18 years depending on the state.
In 32 of the US states, the legal age of consent is 16 years. They include Alaska, Alabama, Arkansas, District of Columbia, Connecticut, Georgia, Indiana, Hawaii, Iowa, Kentucky, Kansas, Maine, Massachusetts, Maryland, Michigan, Mississippi, Minnesota, Montana, Nevada, Nebraska, New Jersey, New Hampshire, North Carolina, Oklahoma, Ohio, Pennsylvania, South Carolina, Rhode Island, South Dakota, Vermont, West Virginia, and Washington.
18 of these states have close in age exemption laws which protect underage couples who consent to sexual activities from prosecution, even in cases where one of the partners is slightly over the age of consent. In Connecticut for example, a person aged 13 years can give in to a sexual relationship if the older partner is not more than three years their senior. Children who are less than 13 years old can also consent to sexual activities with partners who are not more than two years older. However, if the older partner is a guardian or a person of authority to the minor, the age of consent is 18 years.
In Wyoming, Texas, New York, New Mexico, Missouri, Louisiana, Illinois, and Colorado, persons aged less than 17 years cannot legally agree to sexual relations. Out of the eight states, only Colorado and New Mexico have a close in age exception. In New Mexico, a person who is 18 years or older can have a consensual sexual relationship with a person aged below 17 years as long as they are not more than four years younger. This law, however, does not apply in cases where the older partner is an employee, volunteer, or health service provider in the minor’s school.
Eleven states, including Wisconsin, Virginia, Utah, Tennessee, Oregon, North Dakota, Idaho, Florida, Delaware, California, and Arizona, outlaw sexual relationships with partners who are below 18 years of age. Only six of these states have close in age exceptions to prevent the prosecution of partners who engage in consensual sex with minors within their age brackets. In Tennessee, for example, teenagers aged between 13 and 18 years can agree to sexual activities with partners who are not more than four years older.
Statutory rape laws are necessary for the society because they protect minors from sexual exploitation. Most communities deem young people capable of making decisions concerning intimate relationships when they attain 16 years of age. However, even in these societies, persons below 18 years of age are still considered as children and the law protects them from sexual exploitation, especially by persons of authority and close relatives such as guardians.
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By South-East Asia correspondent Anne Barker
Posted Thu 8 Oct 2020 at 2:15pm Thursday 8 Oct 2020 at 2:15pm Thu 8 Oct 2020 at 2:15pm , updated Fri 9 Oct 2020 at 7:54pm Friday 9 Oct 2020 at 7:54pm Fri 9 Oct 2020 at 7:54pm
abc.net.au/news/philippines-seeks-to-raise-age-of-consent-from-12-to-16/12740514
Posted 8 Oct 2020 8 Oct 2020 Thu 8 Oct 2020 at 2:15pm , updated 9 Oct 2020 9 Oct 2020 Fri 9 Oct 2020 at 7:54pm
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In the Philippines, sex with a 12yo is considered legal if it's consensual. But new laws are set to change that
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Rosario Baluyot took seven months to die.
The internal injuries she received from an alleged rape caused a severe infection in her cervix that eventually led to her death in a Philippines hospital.
Her gravestone at Olongapo, north-west of Manila, states that Rosario was just 11 years old when she died in 1987.
But the lack of a birth certificate — or any proof of her age — was one factor that led the court to acquit the man originally charged and convicted of rape with homicide in a country where the age of consent for sex is 12.
Her case has since become the subject of a documentary novel, titled Rosario is Dead, and helped to pave the way for significant legal reforms in the Philippines, including legislation in 1992 to give stronger protection to children from sexual abuse or exploitation.
But those reforms did not include raising the age of consent, which has remained at 12 since it was enshrined in a penal code that was first enacted in the Philippines in 1930.
That could be set to change now, as draft legislation proposes raising the age of consent to 16.
Heinrich Stefan Ritter, an Austrian doctor, was initially convicted of Rosario's 'rape with homicide'. He was ordered to pay 'moral and exemplary damages' to her family, and immediately deported and banned from returning.
In his appeal, the defence counsel for Dr Ritter argued that Rosario was 13 — above the age of consent — and that as a child-prostitute who lived on the street, she had willingly submitted to his sexual advances in exchange for money.
In most countries, sexual relations with a 13-year-old would automatically amount to statutory rape.
But not in the Philippines, where an adult can legally have sexual relations with a child as young as 12 and argue that it was consensual.
It is the lowest age of consent in Asia, and the second-lowest in the world after Nigeria where it's 11 — though some African or Middle Eastern countries have no age of consent, but ban sex outside of marriage.
In the case of Rosario, the Philippines Supreme Court ultimately ruled that the onus fell on the prosecution to prove that she was under 12 at the time of the alleged rape.
And they found that ultimately it had failed to do so.
He was acquitted of rape and freed.
But now, 33 years after Rosario's death, Philippine politicians are finally preparing to pass new legislation to raise the age of consent from 12 to 16.
"This law reform is particularly urgent because the Philippines has such a high prevalence of violence against children," chief of child protection at the UN children's agency UNICEF Patrizia Benvenuti said.
"UNICEF and the child rights community have lobbied and campaigned actively for many years on this issue."
The proposed legislation — which is almost certain to pass after it goes before a bicameral sitting of Congress in November — will ensure any adult who has sexual relations with a child under 16 would automatically be guilty of rape.
They can no longer argue the child was a willing partner.
The legislation will also remove marriage as an exemption for those perpetrators who later marry their victims.
And it will include a 'sweetheart clause' that removes criminal liability for those who have sex with an underage child if their age difference is between two and four years.
Bernadette Madrid, director of the Philippines' Child Protection Unit, said the new law will inevitably help to lower the incidence of sexual abuse against children.
"They've done studies on the age of statutory rape and found that per age that you increase, you decrease the number of sexual abuse," she said.
"So there's a relationship between the higher age and the greater decrease in rape."
The statistics on child rape and sexual abuse in the Philippines are staggering.
On average, a woman or child is raped almost every hour, according to the Centre for Women's Resources. Around seven in 10 victims are children.
A national study on violence against children in 2015 revealed that most child rapes occur in the home and that the most common perpetrators are family members — including the father, brother and cousins.
"Economic status has something to do with it," Nenita Dalde from the Philippine Legislators' Committee on Population and Development Foundation said.
"Most adolescents belong to poor households or families and depend on these types of relationships to gain economic empowerment."
Many, if not most, rape victims are boys. The national study found one in five children, aged 13 to 17, had experienced sexual violence.
But the figures were higher for boys at 24.5 per cent than girls at 18.2 per cent.
Until now, children's rights groups say perpetrators of sexual assault against boys are given much lesser sentences than those found guilty of raping girls.
It is hoped the proposed laws will address this issue by giving equal protection to boys under the law.
The alarming incidence of child rape is also cited as one reason why the Philippines has the highest rate of teenage pregnancy in South-East Asia.
Of those pregnancies, Ms Dalde said many can be attributed to rape or sexual abuse, and most babies were fathered by much older men.
"Evidence points to adult males who prey on younger children, not just girls but boys," she said.
Importantly, she says raising the age of consent will remove the horrific onus on many child rape victims to testify in court that they did not consent to the sexual exchange.
And those under 12 years old will also no longer be required to testify that they were under the age of consent.
Instead, perpetrators who have sex with a child under 16 will automatically face accusations of rape and could face a maximum sentence of 40 years in jail if found guilty.
The move has been welcomed by children's rights organisations, who say the new laws, once enacted, will bring the Philippines into line with international standards.
"A 12-year-old is only in sixth grade and has barely gone through puberty," Ms Benvenuti said.
"There is ample evidence to prove that the rational part of a person's brain — the part that responds to situations with sound judgement — will not fully develop until age 25.
"So pegging 12 as the age of consent to sex is not consistent with any scientific studies of child and brain development."
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More stories to check out before you go
One of Jeffrey Epstein’s alleged underage sex slaves has shared photos from trips where she claimed she was raped by him and forced to have sex with his friends.
One of Jeffrey Epstein’s alleged underage sex slaves has shared a series of photos reportedly snapped during holidays the convicted sex offender took her on.
Virginia Roberts, one of Epstein’s most vocal accusers, included these pictures of herself as a young girl in her legal case against the United States government for how they handled his prosecution in 2005.
The pictures show a teenage Roberts posing at different locations around New York, New Mexico and London.
She claimed many of the seemingly innocent photos were taken by Epstein himself as he took her on numerous trips where she was allegedly forced to have sex with him and his famous friends.
One photo shows Roberts at 15 posing on a New York ferry, which she claims was taken while on a trip with Epstein and Ghislaine Maxwell, who reportedly dated Epstein around 1992 and remained close with him after their breakup.
In court documents, the now 36-year-old Roberts revealed she was raped by Epstein on that trip in the mansion he owned in Manhattan.
She claimed during that trip both Epstein and Maxwell trained her to be “everything a man wanted me to be”.
“Over the next few weeks, Jeffrey Epstein and Ghislaine Maxwell trained me to do what they wanted, including sexual activities and the use of sexual toys,” she alleged in the documents.
“The training was in New York and Florida, at Epstein’s mansions. It was basically every day and was like going to school. I also had to have sex with Epstein many times.”
Roberts was allegedly recruited and groomed by Maxwell at the age of 15 while working at the Mar-a-Lago spa in Florida to be a sex slave for Epstein.
Other photos included in the legal case show Roberts as a 17-year-old on a trip to New Mexico, one taken at a museum and others at Epstein’s ranch.
These pictures were included to prove she was with Epstein at a number of his properties as an underage girl.
Roberts and another one of Epstein’s alleged victims filed a legal case against the federal government for the deal that allowed the disgraced businessman to avoid a lengthy jail sentence after facing numerous sexual assault charges.
In October 2007, a federal prosecutor Alexander Acosta met with one of Epstein’s lawyers when they struck the plea deal allowing for a more lenient sentence and for the full extent of the accusations to remain under wraps.
During the months it took for the deal to be finalised, Epstein’s alleged victims claimed they were not told about the deal, even though the law required they be informed about major developments in the case.
The alleged victims, which included Roberts, claimed they didn’t hear about the deal until after it was already done in June 2008.
Epstein was sentenced to 18 months in jail and was required to register as a sex offender.
While in jail he was allowed to leave the facility six days a week to work out of his office.
Roberts and one other victim filed a legal suit against the government, accusing it of violating their rights by keeping them in the dark during the investigation.
Roberts is one of the few alleged Epstein victims to have gone public with their accusations, and she previously claimed she was used for the multi-millionaire’s sexual purposes until she was 19, when she became “too old” for him.
The court papers reveal that during those years she was taken on trips around the world and given to countless men for sexual purposes.
Roberts revealed she was terrified of what would happen to her if she tried to leave.
“If I left Epstein, he knew all kinds of powerful people. He could have had me killed or abducted, and I always knew he was capable of that if I did not obey him,” one court document submitted as part of the legal case read.
“He let me know that he knew many people in high places. Speaking about himself, he said, ‘I can get away’ with things. I was very scared, particularly since I was a teenager.”
Roberts also alleged Epstein had underage girls around him who he had sex with on “a daily basis”.
And she claimed he made very few efforts to hide what was going on, so anyone spending regular time in his homes “would have clearly been aware of what was going on”.
Epstein, now 66, is once again facing possible jail time after being arrested on July 6 on charges that he exploited dozens of young girls in the early 2000s.
If convicted he faces up to 45 years in prison.
Assistant US Attorney Alex Rossmi
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