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…
This paper will define what statutory criminal law is on the state and federal levels of government. This paper will also look at the states authority to enact criminal laws by statute, and what the states limitations are in doing so. This paper will further explore the federal government’s authority to enact statutory criminal laws and what its limitations are. Lastly, this paper will describe what powers political subdivisions have in making statutory criminal laws. Statutory Criminal Law…
Sources of the Law in England and Wales Introduction Sovereign Body of Parliament has created the legislation in England and Wales. The sovereign body is three-layer legislation in which Queen plays a formal role, House of Commons creates legislation, which is referred as statues, lastly, the House of Lords, which acts as a supreme court in English law. English Law is one of the largest written laws in the world, and many countries have referred English Law to construct their law, and that is…
a) The two main sources that law comes from in Scotland are Statutory Sources of Law and Common Law Sources. b) The more importantly looked at sources of law include legislation. These are European legislation, UK legislation and Scottish legislation. Although these are seen as the most important sources of law the Common Law sources must not be overlooked. c) The Statutory sources of Law are constituted in three sources. This includes European legislation, UK legislation and Scottish…
For many generations it has been a growing issue for minors to be in a relationship with someone who has already hit the maturity age. There have been laws put into place to prevent minors engaging in relationships with those who are over the age of 18. A particular law that has recently been put into place is the “Romeo and Juliet Law.” Statutory rape laws are put into place to prevent older men or women from engaging in sexual activity with one who is younger than the age of consent. One…
Dicey defined the doctrine of Parliamentary sovereignty (hereafter ‘PS’) in two parts: firstly, he argued, Parliament can make or unmake any law; and, secondly, no person or body can legislate on behalf of Parliament. The first limb of this definition entails that no Parliament can bind its successors, and that where two Acts of Parliament cover the same subject matter, the later Act will impliedly repeal the earlier (the doctrine of implied repeal). Implicit in the second limb of Dicey’s…
Statutory rape has been around for a long time, but has had very little change. In old English law it was a strict liability offence, meaning even if someone did not know the age of the teenager, the teenager started, or even gave consent, they were held accountable (Obermen 25). Then more recently it became more of a law to protect morality than to punish offenders. Now the law is so vague, it does not do what it is needed to do, protect the innocent and punish the offenders. Therefore,…
New York’s pay equity law closely resembles the new provisions in California’s law with a few key differences in the scope of comparison employees can make when bringing claims and available affirmative defenses. New York’s statute is more restrictive in the scope employees have to compare themselves to their counterparts to prove wage discrepancies: the law requires employees to perform jobs that necessitate “equal skill, effort and responsibility . . . under similar working conditions.”…
that the law enforcement know whom the offenders are and how to find them and be able to keep an eye on them” is a fundamental way to ensure public safety. Legislators try to define the correct punishment for offenders by giving options on the level of punishment to be levied to an offender. A survey given to recent victims of sexual victimization resulted in the following: “ a) that lawmakers were familiar with…
The key to understanding why the ruling by the Ontario Court of Appeals is more convincing lies in understanding textualism and its various shortcomings. As stated above textualism is a school of statutory interpretation that focuses heavily on analysing the actual text of the statute. To go deeper, textualism utilizes what is called the “plain meaning rule.” Under the plain meaning rule, if the words of a statue are clear and unambiguous, then other factors (like legislative intent,…