While statutory rape laws are in place to protect minors of both sexes who have been sexually victimized by adults, there is a tendency for those enforcing the law to take the side of the female, and the older the accused is, the harsher the penalty is likely to be. Age, gender, or even sexual orientation can sometimes be contributory factors in harsher punishments handed down by those enforcing the law. Due to this bias, laws that are meant to protect minors from adults, often make allowance for other adolescents to be indicted as well. This information brings about the question of whether or not the laws regarding statutory rape are discriminatory in their wording, and what can be done to change this?
Discussion
Statutory rape is defined …show more content…
Studies suggest that those accused of statutory rape are given harsher penalties the older the offender is. For example, “The public agrees that sanctions should be given to older youth and are more likely to agree if the behavior involved sexual intercourse. A greater proportion of the public agrees with criminal sanctions for older offenders (i.e., prison and/or probation) and social sanctions for younger offenders (i.e., counseling and/or community service).” (Comartin, Kernsmith, & Kernsmith, 2014). Although the laws are meant to protect youth from adults who wish to sexually exploit them, the fact remains that sometimes youth are also prosecuted, and the older the youth is, the harsher the penalty is likely to be. The fact that many people, when faced with judging those who have committed similar crimes, lean towards harsher punishment based on the age of the offender shows that there is a bias in effect. While some states have adapted their laws to include what is known as a “Romeo and Juliet” law, not all have. The “Romeo and Juliet” laws reduce the level of punishment for cases in which the victim and offender are close in age. They take into account how close in age the victim and offender are, instead of using statutory rape laws that are geared toward adult offenders. Records of offenders that are minors are sealed in the United States by law, therefore it is difficult to know an exact number of individuals who have …show more content…
Social norms favoring heterosexuals play a role in the severity of punishment of homosexual youth in statutory rape cases. In aforementioned “Romeo and Juliet” laws, may seem gender neutral, but in some cases, the states have worded the laws to include only sexual intercourse between those of opposite sexes. This excludes those who are engaging in homosexual relationships. In United States v. Armstrong, the Supreme Court held that a defendant must first make a threshold showing of selective prosecution before a court will grant discovery. To meet this threshold, defendants must demonstrate that prosecutors targeted them while ignoring other similarly situated individuals. (Meidinger, 2012). This is not always an easy thing to do, especially since (as mentioned before), the records of minors are sealed. Adults can access the records of similar offenders, but youth cannot. Therefore, it is harder for them to prove that they are being targeted or discriminated against due to their choice of sexuality. Another challenge that is faced by homosexual youth is lack of legal protection for them based on their sexual orientation. While America has made many strides in regards to the rights of individuals who identify as non-heterosexual, these developments are relatively new and not all-encompassing. While some states
Discussion
Statutory rape is defined …show more content…
Studies suggest that those accused of statutory rape are given harsher penalties the older the offender is. For example, “The public agrees that sanctions should be given to older youth and are more likely to agree if the behavior involved sexual intercourse. A greater proportion of the public agrees with criminal sanctions for older offenders (i.e., prison and/or probation) and social sanctions for younger offenders (i.e., counseling and/or community service).” (Comartin, Kernsmith, & Kernsmith, 2014). Although the laws are meant to protect youth from adults who wish to sexually exploit them, the fact remains that sometimes youth are also prosecuted, and the older the youth is, the harsher the penalty is likely to be. The fact that many people, when faced with judging those who have committed similar crimes, lean towards harsher punishment based on the age of the offender shows that there is a bias in effect. While some states have adapted their laws to include what is known as a “Romeo and Juliet” law, not all have. The “Romeo and Juliet” laws reduce the level of punishment for cases in which the victim and offender are close in age. They take into account how close in age the victim and offender are, instead of using statutory rape laws that are geared toward adult offenders. Records of offenders that are minors are sealed in the United States by law, therefore it is difficult to know an exact number of individuals who have …show more content…
Social norms favoring heterosexuals play a role in the severity of punishment of homosexual youth in statutory rape cases. In aforementioned “Romeo and Juliet” laws, may seem gender neutral, but in some cases, the states have worded the laws to include only sexual intercourse between those of opposite sexes. This excludes those who are engaging in homosexual relationships. In United States v. Armstrong, the Supreme Court held that a defendant must first make a threshold showing of selective prosecution before a court will grant discovery. To meet this threshold, defendants must demonstrate that prosecutors targeted them while ignoring other similarly situated individuals. (Meidinger, 2012). This is not always an easy thing to do, especially since (as mentioned before), the records of minors are sealed. Adults can access the records of similar offenders, but youth cannot. Therefore, it is harder for them to prove that they are being targeted or discriminated against due to their choice of sexuality. Another challenge that is faced by homosexual youth is lack of legal protection for them based on their sexual orientation. While America has made many strides in regards to the rights of individuals who identify as non-heterosexual, these developments are relatively new and not all-encompassing. While some states