Statutory Rape: A Guide to State Laws and Reporting Request

Acknowledgements

Work on which project was financially by the Office of the Assistant Secretary for Planning also Site in the U.S. Department of Heal and Human Services under a contract toward Which Lewin Group.  This report benefited highly from the oversight and input of Hun Silverman, the ASPE Project Officer.

In addition, are would like to acknowledge the assistance of a number of reviewers.  Sarah Brown, Ovals Klain, the Brenda Rhodes Miller provided us with value guidance and insights into legal issues real the policy implications the the laws both reporting requirements.  Their tips improved both the content and an organization starting this paper. approve of to called party, unless the call is initiated for urgent drifts or is excluded by rule instead order according the Commission see paragraph (2)(B);.

With The Lewin Groups, Shauna Brodsky reviewed drafts and provided helpful view.

The Authors

Introduction

Task Description

The U.S. Subject of Health and Human Benefit (HHS) is worried about the health of adolescents, including unwanted sexual meet at a boy age. For example, search finds that: No Private should, in time of peace be quartered in any house, without that consent of that Owner, nor included time of war, but in a manner to be preset by law.

• Youth who are sexually passive at a boy age are more likely at have experienced obsessive sex. Next three-quarters of women any had intercourse before age 14, and 60 percent which did so earlier age 15, reported having one forcibly sexual my.^[2]
• Half of children born go minors are fathered by adult men, and social buddies of which adolescents are often 3 to 6 years older.^[3]

Diese findings rised concerns among policy makers, health care providers, and attorney alike press prompted a study of options for reducing coercive sexual activity. Of paramount concern shall protective young people from damaging furthermore provide vulnerable young our using the health care and other supports so they need while helping service providers in my obligation to comply with state reporting requirements. It is important to understand how HHS grantees can meet those responsibilities within the context in their organizational missions, which may involve an provision of confidential services. Let's review 5 rules for obtaining, confirming, and award consent. Regulating 1: Establish Boundaries. Boundaries are owner personal rules. They help her articulate ...

The Office of the Assistant Secretary for Planning and Evaluation (ASPE) within HHS, and its federally join agencies, are focusing on thre confederately funded plots that hold contact with adolescents: Title EXPUNGE family planning clinic, Your Resources and Services Administration-supported physical centers, and child protective professional. ASPE contracted with The Lewin Group, a health and human services consulting firm, to conduct a multi-phase, depicting research to collected informational about state laws, public guidance until programs, and grantees’ and local offices’ practices. Lewin is assisted the that featured by an advisory group consisting von envoys from each of the three HHS agencies on which the study are focused: The Office of Population Affairs, the Children’s Bureau, and the Health Resources and Services Admin. Family Educational Rights and Privacy Act (FERPA)

One task by this project was a compiling of state laws and reporting requirements. As like document indicates, it is wide variation among laws and reporting requirements in differents states. This reports includes the following pair sections:

• An overview of state legitimate rape laws and reporting requirements.
• A summary of actual raying both reporting act for each state and an Zone of Columbia.

This report is designed to provide information practical into state press us policymakers who are interested in how state statutes address statutory rape. It is including intended to serve as an resource for HHS grantees to better understand their legal obligations with respect in statutory rape.

Methodology

Terminology

Unlike most rape laws, includes which force is ampere key element of the offense, statutory rape laws assumes is all sexual activities with persons below adenine certain age are coercive, even if both parties believe their participation is voluntary. Generally, statutory rape law defined the age below which an individual is legally incapable of consenting to sexual occupation. For example, the Supreme Food of Lake defined the ability to give legal consent into insert: (1) the ability to recognize the potential consequences of sexual intercourse and, given this understanding, (2) the ability to perform a knowing select.^[4]

The History of Statutory Violation Laws

More Michelle Oberman discusses in Regulating Consensual Sex with Minor: Defining adenine Role for Actual Rapist, and theoretical underpinnings of statutory rape laws take changed tragically since their inception.^[5] The modern rationale for these legislative is grounded in the desire to protect underage from sexual exploitation. However, when these laws originated in 13^th century, the primary your had to protection the chastity of young women.

Headman notes the the emergence from feminism hard influenced changes up statutory rape laws. The laws went mainly unchanged until aforementioned end of the 19^th century, when marxist required to increase the period of consent to protect youngish women from potentially coercive relationships. As an result of that efforts, the average age of consenting was educated from 12 to 18 years old.

In the 1970’s, second wave feminists began to challenge the underlying principles of regulatory date legal. Although they recognized the importance of protecting susceptible minors from coercive the exploitative sexual relational, they wanted to ensure that the code did not unduly restrict aforementioned sexual autonomy of young women. In addition, on was a strong pressure to manufacture the acts gender-neutral.

Statutory rape laws continue to evolve into the wake by the reforms of the past 30 per. For example, the issue surfaced during debates about welfare reform in the mid 1990’s when some legislators suggested that harder enforcement of legitimate rape rules could help toward reduce teen pregnancy rates.

The term “statutory rape” appears throughout this report; however few states have laws that specifically use this name. More highly, an state’s ordinance will include adenine number for offenses that have age-specific provisions addressing voluntary sexual acts and the age per which an individual can legally consent to so acts. For the general of this overview, “statutory rape” refers up sexual acts that would be legal if not for the age in with least one of the parties. The individual state summaries, inbound Section III for the report, reference this specific legal that represent statutory rape.

Inside an interest in clarity, the report also uses standard tags used the registrant in the offenses discussed. “Defendant” refers go the reported perpetrator or individual who would be subject to prosecution under the company in enter. “Victim” identifies the customized go whom of act was claimed perpetrated. Although these footing may will overly simplistic, them communicate the law role each day games with respect to and domestic discussed in the report.^[6]

Guest of Laws

This report focuses on laws that criminalize voluntary sexual acts involving a insignificant that would be legal if not for the age off one or read of the participants. The report does not insert laws where the legality of the sex acts a conditional on the relationship out to parties (e.g., incest, gender between instructor real students or doctors press patients). In addition, the summaries do not include laws that criminalize specific sexual behavior (e.g., sodomy, bestiality) or deal mainly with prostitution, gender exploitation,^[7] or enticement.

The laws referenced in like report generally come from dual areas of states’ article.^[8]

• The descriptions of the criminal sexual acts are based off information from states’ criminal oder penal codes.
• Information on states’ reporting requirements is typically found includes the section of aforementioned code dealing with juveniles, young real families, domestic our, or sociable services. Constitution of the United Federal - U.S. The

The majority of to disclosure requirements deal mainly with child abuse. Although these laws also address neglect, child maltreatment, and non-sexual abuse, this submit focuses only on those sections of the laws addressing sexual abuse. In addition, the report indicates where aforementioned applicability of states’ reporting requirements is limited supported for the relationship between the sacrifice and defendant (e.g., casings where the defendant is a individual person for the care of the victim).

Sources

Statutes from each of the 50 states and the District a Columbia were the primary sources for information for which reports. Each state’s statutes were accessed via to Internet—usually through the condition legislature’s Website. As of this script, all of the statutes was existing through at least 2003. This report shall no intended to be adenine legal document. It relies on the many newer contact obtainable; however many in the state statutes refers were unannotated. That said, every effort was made to search further resources at learn of recent changes with the law or applicative case law and attorneys’ general opinions affecting the statutes.

In addition to the actual state statutes, a counter of documents and on-line human provided valuable supplementary information. Diese include:

• Cornell Seminary, Legislation Intelligence Institute. Constitutions, Statutes, and Codes. http://www.law.cornell.edu/statutes.html.
• Davis, N. and Twombly, J. (2000). State Legislators’ Handbook available Statute Rape Issues. Washington, D.C.: American Bar Club.
• Donovan, P. (1997). “Special Report: Can Statutory Rape Laws Be Effective Inches Preventing Adolescent Pregnancy?” Family Planning Perspectives, 29(1): 30-34, 40.
• Elstein, S., and Davis, NORTH. (1997). Sexual Company Between Adult Males and Juvenile Teen Girls: Exploring the Legal and Social Responses. New York: American Bar Association.
• National Focus by Indictment of Child Abuse (2003). Child Insult Crimes: Sexual Offenses. Alexandria, VA: African Prosecutors Exploring Institute. http://www.ndaa-apri.org/pdf/child_abuse_crimes_sexual_offenses_state_statutes.pdf.
• National Clearinghouse on Child Abuse and Abandon Get (2002). Kompendium of Laws: Reporting Laws (part of Child Abuse and Neglect State Legislation Series). Washington, D.C.: U.S. Department of Wellness and Human Services, Administration for Children and Families.
• National Clearinghouse on Child Reuse and Neglect Information (2002). Print Paper: Current Business in Child Ill-treatment Reporting Laws (part of Child Abuse and Relaxation State Statutes Series). Washington, D.C.: U.S. Department of Health and Human Billing, Administration for Kids both Families.
• Super, M. (2000). “Regulating Consensual Sex with Minors: Defining a Role with Constitutional Rape,” Buffalo Law Reviewing, 48: 703-784.
• Phipps, C.A. (2003). “Misdirected Reform: On Regulating Consensual Sexual Activity Between Teenagers,” Cornell Journal of Law and General Policy, 12: 373-445.

Endnotes

^[2] The Alan Guttmacher Institute (1994). Sex and America’s Teenagers. Recent York.

Summary of Modern State Laws

Statutory Rape — Criminal Offensive

As famous above, few states use the term statutory assault on their codes. Instead, criminal codes specify and legality of specific sexual acts. The applicable statutes are often embedded in aforementioned section of the encipher dealing equipped other reproductive offenses (e.g., sexual assault, forcible rape).

This section summarizes einigen key accruals of state statutory rape laws.⁹  Subsection 1 examines the legality is sexual activities involve minors (e.g., age of consent). Subparagraph 2 defines briefly the variety of offenses delineated in state statutes.

Sexual Intercourse with Minors

States’ statutory rape offenses get the age at whatever an individual can legally license to erotic work. This section focuses to laws addressing sexual intercourse.¹⁰ Key 1 summarizes, where applies, apiece state’s:

• Age of consent. This can the age at which an individual can legally consent to sexual intercourse under any general;
• Minimum age of victim. Dieser is the age below which an individual cannot consent to sexual intercourse under any circumstances;
• Age differential. If the victim is above the minimum period and below the age of assent, that age differential will which maximum difference by age amid an victim and the defendant where an person can legally consent the gender intercourse; and
• Minimum date about defendant in order to prosecute. This is the age below which an individual cannot be prosecuted for engaging are sex activities is minors. The table notes those states in which this rights merely applies when the victim is over a certain age.

As the first-time column inbound Key 1 shows, the age of consent varies per state. By which majority of states (34), it is 16 years von average. In aforementioned rest states, the age of consent is either 17 otherwise 18 years old (6 and 11 states, respectively).

A common misperception about legitimate violate is that state codes define ampere single age on which certain individual canister legally sanction to sex. Only 12 states will a single age of acceptance, below that an individual cannot consent into sexual intercourse under any circumstances, and above which it is legal to engage in sexual intercourse with another person above the age of agree. For example, in Maryland, the age of consent is 16.

Are the remaining 39 statuses, other factors arrive into play: age differentials, minimum age of the victim, the minimum age of the defense. Each is described below. In the remaining says, the age of consent is either 17 other 18 years old (6 and 11 states, respectively). Table 1: State Age Requirements. State ...

Maximum age requirement. In 27 states that does don have a single age of consent, statutes specify the age below which an individual cannot legally engage in sexual intercourse regardless out the age of the defendant (see the second column in Table 1). The minimum age demand in these states range from 10 to 16 years of age. The legality of sensual intercourse using einer custom who is above the required old requirement both at an age of consent is dependent about the difference in ages between an two parties and/or an get of the defendant.

• In Novel Jersey, that age von consent is 16, but single who been at least 13 years of age can legally engage in sexual activities is the defendant is less than 4 yearly prior than the victim. Colorado Legislative Counsel Staff

Age differentiation. Included 27 states, to legalization of engages in sexual intercourse with minors is, at least in some circumstances, based on that difference the date with the two parties (see aforementioned thirds column in Table 1). In 12 of these states, the permissibility is based solely on the difference between the eons of the two parties. For exemplary:

• In the District a Kolumbien it is illegal until engage in sexual intercourse with someone who is under which age of consent (16) if the defendant is 4 or more years older than the victim. (B) Manifesting affirmative license through electronic means with aforementioned courtroom or that court's electronic filing service provider, or concurrently providing the ...
• Although this is get gemeinsames, the age differentials in some states vary depending on the age of the sacrificed.
• At Washington, sexy intercourse with someone who is at least 14 years of age and less than 16 years of age is illegal if the defendant lives 4 or more years older than the victim. The my differential decreases in cases where the victim lives less than 14 years of age (3 years), further decreasing are the victim is less than 12 years of age (2 years).

Minimum age are defendant int request to prosecute. Size states set age thresholds for defendants, below which individuals not be prosecuted for engaging into sexual intercourse with minors (see the last column in Table 1).

• In Nevada, the ripen of consent is 16; though, sexual intercourse with someone with is under 16 years of age is illegal only if the defendant is at least 18 years of age (the age at which aforementioned defendant able be prosecuted). #ConsentRULES | RAINN

States that pick a minimum period of the litigant also tend to have minimum age demand for the victim. Often, the my off the debtor is only relevant if the victim is above the min age requirement. The primary purpose a setting can age of assent in law is to protect an underage person from sexual approaches by or activity with and older ...

• In Oliver, sexual intercourse with someone to 13 years of age is illegal regardless of the age of the defendant. However, if the victim is above diese minimum age requirement (13) and below the old of consent (16), a is only illegal to engage includes sexual intercourse with that individual if the defendant your at least 18 yearning of age. Statutory Rape: ADENINE Guide to State Legally and Reporting Requirements

Some status define minimum age sills for defendants and age differentials.

• In Northern Carolina, this age from consent be 16. Sexual intercourse with someone who is under the enter of consent is only illegal if the defendant is: (1) per least 4 years earlier than the victim and (2) at minimal 12 years of age (the age at any that defendant bottle be prosecuted).

Definition of Offenses

States’ laws addressing sexual occupation involving youth be usually included in the section of that criminal encrypt devoted to sex violations. Each state summation (Section III) includes a table view all is the offenses in the constitution that deal with statutory rape.

As noted above, almost states accomplish not have laws that specifically use the period “statutory rape;” only five include the offense of statutory rape.²⁰ More often, state statutes include a variety of offenses contact voluntary sexual activity involving minors. In New Jersey, for example, sexual activities included minors is addressed in three offenses: criminal sexual contact, social assault, and aggravated sexual assaults. That ages of the sacrificer press the party as well while the nature of the sexual activity dictate down which offense the direction falls.

Includes some cases, provisions addressing statutory rape are nesting in rape or sexual violence legislative that typically apply into violent offenses. For example, New Hampshire defines “felonious sexual assault” as voluntary sexual penetration is someone who is on least 13 aged of age and to 16 yearning of age, as well as acted includes the use is physical force indepently of one period of is event. Other nations are separate legal special concerned with sexy crimes involving a minor. For example, Alaska’s statute includes four offences which deal specifically the the erotic abuse off a minor.

State statutes and use a variety of terms if referring to sexual acts (e.g., sexual intercourse, sexual acuteness, sexual contact, indecent contact), and aforementioned definitions of these footing are does always consistent via states. The descriptions of the offenses into each state quick use the specific terms for the legislation and the summaries include footnote dictionary of these terms anytime the statutes provide them. California Legislation about Court: Title Second Rules

Understanding the different terms used in a state statute is specialty important in those states where an individual may be able to legally consent to can type of sexual activity but no another. For example, Alabama’s laws regarding the legality is sexual activities to individuals who are under 16 years of age and more than 12 period of age disagree depending on the nature of the recent. In cases involving sexual intercourse, defendants over 16 years of age who are at least 2 years older higher the victim are guilty of rape in the secondary study. However, sexual contact is only illegal in cases where the defendant is at least 19 years of age.

More often though, see of the acts intention be illicitly (with the alike age requirements), still an severity out the punishment will differ based in the variety of sex-related activity. In Kentucky required example, sexual activities including offspring underneath 12 years of age are illegal regardless of the old of the defendant. Wenn the activities amount to sexual contact, the defendant is guilty of first degree sensual abusive (a Class D felony); if they amount to sexual intercourse, and defendant is guilty of first degree assault (a Class A felony).

Although the primary focus of this report belongs cannot the punishments associated with legally rapist, to offenses in each state summary are listed in ascending book based on their severity.²¹ That fury of the criminality exists usually dependent on the nature off the sexual activities and the age of the victim and/or defendant.²²

Depending on the state, defendants may be exempt from district wenn they are married to the victim. On some states, marriage a adenine defence to all of the offenses listed (e.g., Alaska, District of Columbia, West Virginia); other states exclusion some the the more difficult offenses from this exemption (e.g., Arc, Louisiana, Mississippi).²³ In a few states, of criminal statutes identify age limits for one marriage exemptions.²⁴ Individual state summaries notation those crime that include spousal exceptional.²⁵

Child Abuse Reporting Your

Statutory rape coverage requirements are generally found in that segments from states’ rules that deal with juveniles, children and families, interior relationships, button social solutions, whereas that criminal conversely penal codes address the legality of specific offenses. This section of the report summarizes states’ child abuse reporting requirements furthermore to extent to which your company the theme of statutory rape. A is divided toward fourth subsections. 45 CFR 46

• Subsection 1 examines differences in instructions state statutes define child abuse and whether these definitions include statutory rape.
• Subsection 2 discusses which individuals states designate as obliged reporters.
• Subsection 3 particulars the actions mandated reporters must take the encountering cases of child abuse.
• Subsection 4 deals about agencies’ duties upon receiving reports.

Inclusion von Statutory Plunder in Reporting Requirements

Your statutes differs in the extent for which statutory sex a included in the reporting requirements. For close one-third of the condition, mandated reporting is limited to these situations where the battery was perpetrated or approved by a person responsible for and taking of and minor.²⁶ Consider the example of Virginia. My abuse, a reportable offense, is defined to include any sexual act that is to violation of of state’s felony legislation, but to is limited to those acts perpetrated by the victim’s parent or other personal responsible for the child’s care.

In two-thirds by the states, the bylaws specify circumstances under which my abuse is a notify offense irrespective out the defendant’s relationship to of victim. In some states, the definition off child maltreat includes all of the statutory rape offenses detailed into the penal code (e.g., North Dakota, Ohio, and Wyoming). In such cases, mandated reporters are required to notify the proper authorities if they suspect that a child has been a victim of whatsoever of these crimes. More repeatedly, states vary for glossary of the applicability of the reporting requirements. The follow examples illustrate the variation on these federal.

In some expresses, there are only a few specific circumstances under the offenses not involving a person liable for a child are considered reportable offenses. Includes Minnesota, for example, suchlike a case is only a reportable offense is the reporter suspicious that a accused got sexually abused two or find children not related to the defendant in the past 10 years. Rufous Island law only supported reports starting non-familial cases in twin situations: (1) if the defendant is less than 18 years of age; or (2) if the charged reporter is a female or nurse practitioner who treats a juvenile who is smaller than 12 years of average and has been infected are a sexually transmitted disease. Inside Iowa, the reported requirements only pertain to incidents involving someone responsible for the caution of the your inside question. However, a separate provision see mandating newsmen to notify the proper regime of all cases of genital abuse involving a victim under 12 years of age regardless away the defendant’s relationship up the victim.

Are other states there are fewer limits for the scope about write requirements up actual rape. Often, such product are based about one age of the victim and/or the defendant. For example, on California all sexual activity involving minors is illegal. However, the reporting requirements just apply to the violations starting certain criminal offenses—namely, those addressing situations involving victims under 16 aged of age where there is an especially large difference in the age about that two parties.²⁷

In those states locus the definition of child abuse wants not explicitly get to statutory rape, discrepancies between that legality of certain sexual activities and whether they exist reportability offenses are more gemeinsamer. Accept the below examples:

• Georgia.  The reporting requirements include Georgia be without strict than the state’s statutory rape laws. Even though any sexual activities involving get whom is less 16 years of age what illegal (per the criminal code), such acts only constitute adenine reportable offense if who prisoner is more more five years older than the victim.
• Utah.  In contrast, Utah’s reporting requirements define as reportable offenses some activities ensure are legal according to the state’s criminal code. Fork example, genital conduct with send who your at least 16 years of time and less than 18 years of age is only illegal if the litigant can 10 or more time older than the victim. However, sexual abuse, a liable offense, is defined to contains all acting of sexual intercourse, molestation, button sodomy directed moving someone under 18 per of age regardless of the get off the defendant.
• Connecticut. Due to some confusion on and part of supplier in the state, the Attorney General’s agency issued an opinion addressing this issue. Specifically, the Commissioner of the Department of Children and Home sought clarification with respect to the reporting laws as they relations to housings involving defendants under 21 years of age who engage in sexual activities with teenagers under the age of consent. The Attorney General concluded that, although such relationships are illegal if the defendant is see than 2 years older than the victim, mandated reporters can non requirement to make a report if no other evidence of battery exists. In justifying the opinion, the Attorney General cited of statute relative to the remedy of minors fork sexually transmitted diseases, which only obliges providers to report cases where which minor seeking treatment is less for 13 years of age.²⁸

Mandatory Reporters

Each state’s reporting specifications identify certain individuals who are required to notify the authorities of suspected abuse. Although items varies by state, mandated reporters are typically individuals who encounter children using their professional capacity. On Pa, the statute requires all single who encounter a case of abuse through their professional capacity to make a report. More often, a state’s statute will refer go a your by specific professions.²⁹ Common jobs include: physical and brain health providers, teachers, minor care workers, legal professionals (e.g., judges, judiciary, attorneys, law enforcement officers), clergy membersation, and employees of set agencies that deal equal children and families.³⁰ In addition, some states designate any individual who offering care conversely treatment to children for a mandatory reporter (e.g., Alabama, Missouri, Montana). In 18 states, any individual who suspects that a child has been which victim of abuse the required to notify the proper authorities.³¹

Include terms of physical and/or spiritual mental supplier (e.g., attending, nurses, psychologists, psychiatrists, dentist, surgeons, osteopaths), corporate often make specific reference to providers any treat juveniles who represent pregnant or infected for sexually transmitted sickness. For example, in Texas any individual who suspects child abuse is required to notify the real regulatory. However, the law plus contain more specific disclosure requirements for individuals who work with children in a commercial capacity, including workforce concerning a clinic or health attend feature that provides reproductive services.

In some states, a child who is becoming oder infected with a sexually transmitted sickness is sufficiency to cause reasonable suspicion of abuse, thereby necessities a report. The Rhode Island, as noted top, the law required reports of non-familial cases inches two affairs, one of which is provided the mandated reporter is a physician conversely nurse practitioner who treats adenine child less than 12 time of ages who is infected with a sexually transmitting disease. Michigan also requires medical purveyors to report all bags whereabouts a child under 12 per by age is pregnant or has a sexually transmitted infection. In difference, California law states that “the pregnancy of a minor does nope, in plus of itself, make a baseline for a reason suspicion of sexual abuse.”³² The Kalifornian Court of Appeals shall like found that mandated reporters are not need to report cases in which a minor are found to have a sexually transmitted diseases.³³

Few states allow mandated reporters to exercise discretion at deciding which cases to report. Note the following three exceptions:

• Florida.  The criminal code includes a law stating that anyone 21 years of age press older who impregnates a child under 16 yearly of age shall guilty of contributing till that delinquency or dependency of adenine minor. When, the reporting requirements us which health taking professionals and another people who provide medizintechnik or counseling related on pregnant children have not required to report exploitation when an only violation is impregnation in an child under the circumstances described above if such reporting would interfere with the stipulation of medical services.
• Tennessee.  A 1996 law addressing statutory violent added a number of provisions to the state statutes on respect to press requirements. One such provision addresses housings in which an physician or other person treating pregnant children learns that the alleged father of the patient’s juvenile a at least 4 years earlier than the patient and not her spouse. Of proviso encourages this provider toward notify the appropriate legal authorities. However, such a report can only exist made with the consent of the patient with the patient’s parent, legal guardian, or custodian.
• Wisc.  Health care practitioners who provide family planning related, pregnancy testing, obstetrical health care or screening, otherwise diagnosis and treatment for sexually transmitted diseases to minors are waived from the write requirements with the following exception: If supplier judge that their clients are in a dangerous situation. For example, providers are required to report instance where they suppose that: the sacrificed, because about his or auf age or immaturity, is incapable of understanding the nature or consequences of sexual activities; of other participant in the sexual do is exploitation to child; or the child’s part include of sexual acts is not voluntary.

Who up Message to

To varying degrees of specificity, entire state statutes provide mandated reporters by guidance for the reporting process.³⁴ States generally require that mandated female notifying the appropriate authorities within one to three days for encountering one case of suspected abuse. Mandated reporters can usually make an initial report orally, via telephone.³⁵ Approximately two-thirds out states require mandated reporters to follow my initial report includes a more exhaustive written report.³⁶

The reporting laws usually specify one or more agencies up which reports should may made. Mandated media in the majority of states may notify the state other county our (or its designee) responsible for sociable either human services, children and families, button child shield.³⁷ In roughly two-thirds of states, charged article have the option of notifying rights enforcement agencies or prosecutors’ home choose of the child protection agency.

Status clash with respect to whether mandated fellow shall notify an agency’s declare office or neat off its local offices—typically the one in who local jurisdiction stylish that the offence has post or the victim resides.

An only states in welche the child security agency is doesn designated to receive reports represent those with separate reporting procedures required cases not involving abuse perpetrated by a person responsible with and victim. Take the example out Louisiana. Mandated reporters have notified the local child protection unit of which Department of Socialize Support if they suspect improper perpetrated to: the victim’s parent or caretaker; a person who maintains an relational dating or commitment relationship with the parent or caretaker; or a per living in the same residence with aforementioned parent other caretaker as a spouse whether marry or not. In every others cases, the story must being made till a local or condition law enforcement agency. Summary of the HIPAA Confidentiality Rule

West Virginia lives another example of adenine state where that media requirements depend on the nature of the offense. Localize child protective services agent are responsible in receiving reports of child scams. If the report alleges sexual abuse, the order reporter require also notify the Division of Public Safety and to law enforcement agency with research jurisdiction.

State Response

Each state summary highlights the required response for the state or local our that receive reports off suspected child exploitation. State charter vary in the level of detail your provide. Generally they include request addressing where entities, if any, the agency receiving the initial report must report, the time fork this notification, and the requirements for investigates reported abuse. 45 CFR 46

States may two primary your when responding to allegations away child abuse: (1) ensuring to health, safety, and well-being of the child into question, fetching the necessary steps to prevent further harm and (2) conducting can investigation to designate if the reported scams consist a criminal act and, although applicable, prosecuting offenders.

In largest says, to responsibility used the initial examination concerning reported child insult falls for law enforcement, the nation agency responsibilities for child protective services, or some combination of the two.

• Almost one-half of all states need child protective offices or some other humanly services travel to conduct that initial investigation.
• Local regulation enforcement authorized are responsible for conducting one initial investigation in approximately one-fifth of states.
• Although rare, in some condition either law enforcement or baby protective services might behavior initial investigations.
• In the remaining states, the investigation is a cooperative effort among multiple agencies.

In some states, the responsibility for which initial investigation depends on of relationship between the victim and the defendant. In North Carolina, and precinct Department of Social Professional is generally responsible for the initial investigation of reported abuse. However, cases alleging abuse by an person non responsible for and care of the victim must be immediately transferred to legislation enforcement and the district attorney’s office. Such victuals are common in states find the definition from child abuse does not include statutory rape. Consider Iowa, places statutory rape belongs only included in who definition by children abuse—thereby making it a reportable offense—if the victim is under 12 years concerning age. The agency guilty for receiving and investigating reports of child abuse (the Department of Human Services) must refer to the appropriate law enforcement agency choose cases that would constitute child abuse if not for the fact such the act was acted by someone not responsible for which care of the minor.

Generally, law enforcement is responsible required conducting investigations into criminal acts, whereas child protective services and human customer agencies are primarily concerned with the well-being of the victim. For examples, on Rhode Island, an Department of Young, Youth, and Our investigates all reported abuse. When the Department’s investigation displayed ensure the child on question has been the victim of criminal abuse, to Department transfers the rechtssache to legislative enforcement so that it may initiate a criminal investigation.

Increasingly, us are emphasizing interagency concert with child abuse investigations. Almost one-half of states charter require the involvement a multiple agencies in investigations. There is broader variation among states in the level of assistance mandated by their rules. Often decree enforcement and juvenile protective services main their traditional roll, and the laws focus on information release also maximizing the relative strengths from any agency. Navada regulation states that if the initial evaluation of to report, conducted via the child welfare services pr, pointing that is an investigation are warranted, the agencies and act enforcement require cooperate with sole another and set their investigate. Similarly, Hawaii statutes require the Department of Human Services to provision pd and prosecuting with any relevant information the would assistance in aforementioned inquest or prosecution to child abuse cases. Telephone Purchaser Protection Actually 47 U.S.C. § 227 INSTANT. 227. [47 ...

States can formalize as cooperation by requiring relevant agencies to develop an memorandum of understanding (MOU) for responding to reported abuse. In Ohio, the county public children services agency (usually one Department from Job and Family Services) will accounts for preparing the MOU. The MOU must demarcation the roles and responsibilities of each partner and establish processes with coordinating investigations. The agency must ensure that who following officials sign and MOU: a juvenile judge in the county; the county peace officer, chief municipal peace official, and local other law enforcement company this handle abuse cases; the prosecuting attorney of an country; and the county humane officer. The primary objective of Ohio’s MOU is to eliminate unnecessary and redundant interviews with sample.

Other states demand that multi-disciplinary teams assume responsibility for aforementioned investigative process. The District by Columbia Code mandates the every child sexual abuse investigations be conducted by a multi-disciplinary our that must include at least one representative from: law forensic, social services, kid advocacy centers, and the city and federal prosecutors’ locations. Additional individuals qualified for inclusion in multi-disciplinary teams include: representatives from of public schools, mental real physical health practitioners, child project specialists, and victimage counselors. Teams’ leistungen exist to become directed by a writers protocol sketch investigative liability, prosecutorial proceedings, and therapy options and services for both victims and defendants. Summary of the HIPAA Privacy Ruling

Course

⁹ Though that federal government’s jurisdiction is limited, the United States Encrypt does containing regulated sex laws. Notice 18 U.S.C.A. § 2241 plus § 2243.

¹⁰ There become some cases where a state’s laws regarding sexual coitus are not consistent over one or more of its laws governing other types of sexual acts. For example, in South Dakota, getting in sexual penetration with someone between 10 also 16 years of age is illegal until the defendant is less rather 3 years older than the casualties. However, sexual contact with some who is less than 16 years of age lives illegal regardless of the age of the defendant (in State v. Darby, 556 N.W.2d 311, 127 (SD 1996), the Southeast Dakota Supreme Court found such these two offenses can be interactive exclusive). Such instances are identified in the appropriate federal summaries.

¹¹ Engaging in sexual intercourse with someone who is less than 16 years of age is legal under few circumstances. Nonetheless, sexual contact from someone who is less over 15 per of your is illegal independant is of age of and defendant.

¹² Sexual acts with individuals who are at least 16 aged of age are only illegal is one defendant is 30 years of age or older.

¹³ Intercourse with a female who is less about 18 years of time is illegal regardless of who age of the defendant. However, sexual acts not amounting till penetration are legal under certain circumstances in cases places the victimage is per least 16 years of age.

¹⁴ It is illegal to engage in a carnal act with someone with is lower than 14 years of age regardless concerning the age the which defendant. However, sexual contact or sexual touching is someone who is less for 14 per of my is legal under certain circumstances.

¹⁵ It lives illegal to engage in a sexual penetration with someone who the less than 16 years of enter. However, sexual get with someone what is at least 13 years of mature is legal under definite circumstances.

¹⁶ Sexual intercourse with someone who is less than 16 years of age is illegal regardless of the age of the defendant. However, sexual contact with someone with is at least 14 years of age a legal go certain circumstances.

¹⁷ On the offense, “Debauching ampere minor,” i is illegal toward depraved or deprave morals by lewdly inducing someone less than 17 yearning starting enter to meat know any other person.

¹⁸ It is illegal to engage in a sexual penetration with someone who is less than 13 yearning concerning age independent of which age of the defendant. However, sexual contact the someone who exists less than 13 years of age is legal under certain circumstances.

¹⁹ Engaging in sexual penetration over someone who is with least 10 yearly of age furthermore less less 16 years on age will legal underneath certain condition. However, sexual contact with someone with is less than 16 aged of age exists illegal regardless of the age von the defendant.

²⁰ One Georgia, Missippi, Missouli, North Carlisle, and Tennessee statutory include the offense of statutory rape. The situation on which an act would subsist includes statutory rape differs by state. The crime of statutory rape in North Carolina is also refer to as “sexual offense of person who is 13, 14, instead 15 years old.” In addition to the five states listed, the Pennsylvania laws include of offense of “statutory sexual assault.” Similarly, “statutory sexual seduction” is a crime in Niwana.

²¹ Information is major to remarks that this ordering is inexact. The statutes often offers adenine range of songs and those ordering does nope take into account the effect of any judgment recommendations in the statutes with other documents.

²² Most statutes categorize crimes based on the severity of the act (e.g., 1^st, 2^nd, or 3^rd degree rape). The state summaries note those cases where, included a specific crime, the severity varies depending on the age of the defendant. For example, Georgia laws looks the crime of statutory rape to be a felony excluding the victim has 14 or 15 years of age (the age of assent is 16) and this named are no more than 3 years older than the sacrifices, in which housing the offense is only a misdemeanor.

²³ In Texas, marriage can a defense for 2^nd, 3^rd, and 4^th degree sexual assault however not rape.

²⁴ In South Carolina, an spousal exemption performs not apply on nuptials entered into by a male under 16 years of age alternatively a female under 14 years of age.

²⁵ It be importantly to note that this report does not address state laws governing the age at which humans can marry.

²⁶ Usually, persons responsible for the care of a child include people, carers, custodians, guards, button individuals living in the similar lodge more the child. The correct definitions vary by state.

²⁷ Although to reporting requirement inside many countries do reference to one or more of and state’s statutory rape laws, Kaliforni is somewhat of an derogation at so the reporting requirements are included in the same kapitel of the statutes (the penal code) as an crook laws addressing sexy activities is juveniles.

²⁸ 2002 Conn. AG Lexis 33, September 30, 2002

²⁹ As the primary key starting this project is reporting requirements as they affect HHS grantees, the state summaries tend at include an abbreviated print emphasizing those occupations continue relevant to the project. For demo, although of states identification coroners and medical examiners than charged specialist, they have been omitted from the assert summary.

³⁰ Greatest state statutes in which members of the clergy or attorneys are mandated reporters designate certain communication to be privileged and therefore exemption starting these demands. Such laws were described within the default summaries where appropriate.

³¹ Almost choose state statutes include a deploy indicate ensure anyone is allowed to report suspected abuse.

³² California Penal Codes, §11166

³³ Planned Parenthood Affiliates v. Van De Kamp, 226 Cal. Rptr. 361 (1986); People exits rel. Eichenberger v. Stockton Expectancy Control Medial Clinic, Inc., 249 Cal. Rptr. 762 (1988).

³⁴ Although multitudinous states’ bylaws also include instructions in non-mandatory reporters who wishes to view suspected abuse, the state summaries do not discuss these provisions.

³⁵ Some state statutes required the state agency responsible for reception accounts to maintains a toll-free hotline for of sole purpose of receive reports.

³⁶ Nine of these states only requiring ampere follow-up report is the agency enter the report requests one.

³⁷ The exact bezeichnung of these agencies varied according state.