State Legislators' Handbook for Statutory Rape Issues

U.S. Department of Justice

Office of Justice Programs

Office for Victims of Crime

American Bar Association

Center on Children

and the Law

Advocating for the Fair

Treatment of Crime Victims

Office for Victims of Crime

State Legislators’

HANDBOOK

for

Statutory Rape

Issues

State Legislators’

HANDBOOK

for

Statutory Rape

Issues

February 2000

1-Final covers 1&4 3/13/00 1:48 PM Page 2

U.S. Department of Justice

Office of Justice Programs

810 Seventh Street NW.

Washington, DC 20531

Janet Reno

Attorney General

Daniel Marcus

Acting Associate Attorney General

Laurie Robinson

Assistant Attorney General

Noël Brennan

Deputy Assistant Attorney General

Kathryn M. Turman

Director, Office for Victims of Crime

Office of Justice Programs

World Wide Web Home Page

www.ojp.usdoj.gov

Office for Victims of Crime

World Wide Web Home Page

www.ojp.usdoj.gov/ovc

For grant and funding information contact

U.S. Department of Justice Response Center

1–800–421–6770

OVC Resource Center

1–800–627–6872

OVC Resource Center Home Page

www.ncjrs.org

The Office for Victims of Crime is a component of the Office of Justice

Programs, which also includes the Bureau of Justice Assistance, the

Bureau of Justice Statistics, the National Institute of Justice, and the

Office of Juvenile Justice and Delinquency Prevention.

This handbook was prepared by the American Bar Association Center

on Children and the Law under grant number 97–VF–GX–K008, awarded

by the Office for Victims of Crime, Office of Justice Programs, U.S.

Department of Justice. The opinions, findings, and conclusions expressed

in this document are those of the author and do not necessarily represent

the official position or policies of the U.S. Department of Justice.

NCJ 178238

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State Legislators’

HANDBOOK

for

Statutory Rape

Issues

Noy S. Davis

Jennifer Twombly

American Bar Association

Center on Children and the Law

February 2000

Office for Victims of Crime

Advocating for the Fair

Treatment of Crime Victims

3-Handbook 3/13/00 1:49 PM Page 1

iii

Message From the Director

The Office for Victims of Crime has been pleased to provide

funding to the American Bar Association (ABA) Center on

Children and the Law to manage this project. ABA staff have

done an excellent job reviewing current statutory rape laws

and literature and interviewing professionals who work on

behalf of teenage statutory rape victims across the country,

resulting in this publication, State Legislators’ Handbook for

Statutory Rape Issues. Through it, OVC hopes to help State

legislators develop effective and enforceable statutory rape

laws.

In recent years, prosecutors and service providers nation-

wide have reported troubling findings regarding statutory rape,

including increased occurrences and their tragic impact on

teens, teens’ inability to see themselves as victims, service

providers’ reluctance to report these crimes to police, prosecu-

tors’ reluctance to prosecute these crimes, and juries’ reluc-

tance to convict the offenders. Many States are confronting

these problems by reviewing and amending old laws or passing

new ones.

Enactment of realistic, enforceable statutory rape laws

requires consideration and evaluation of many complex prob-

lems and issues. OVC recognizes that legislators and their aides

may need information and guidance as they determine whether

to amend existing laws or develop new ones. Through this

Handbook, OVC intends to raise relevant questions and issues

for thorough discussion and consideration while providing a

framework for developing legislation that makes sexual inter-

course with a minor a crime based on the minor’s age.

We at OVC hope that the information and suggestions

found in this Handbook help those in State legislatures keep

the welfare of victims in mind as they craft legislation. It is

hoped that this collection of knowledge, experiences, and

insights of many hardworking professionals in the field and the

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victims they worked with will provide legislators with the

information and inspiration they need to develop effective

statutory rape legislation.

Kathryn M. Turman

Director

Office for Victims of Crime

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Acknowledgments

OVC gratefully acknowledges Sharon G. Elstein, Project

Director and Coprincipal Investigator, and Barbara E. Smith,

Coprincipal Investigator, of the American Bar Association

Center on Children and the Law for their efforts in managing

this project. OVC also gratefully acknowledges the project’s

volunteer advisory committee—Cindy Nanetti, Esq.; Laura L.

Chase, Esq.; Scott Newman, Esq.; Commissioner R. Gil

Kerlikowske; Assistant Chief John Schaller; Carole DeLuca;

Jo Kolanda; Dominic Trunfio, Esq.; Kim Hunter, Esq.; JoAnne

McCracken, Esq.; and Gael Strack, Esq.

OVC is grateful for the help and information of criminal jus-

tice and service professionals in Onondaga County, New York;

Baltimore City, Maryland; and Alameda, San Diego, and Santa

Clara Counties, California, where site visits were conducted.

These dedicated public servants allowed an unobstructed view

into their workdays and the decisions they make on behalf of

teenage victims of statutory rape. They showed the strength of

their commitment by accepting our intrusion into their work

to help other jurisdictions.

In addition, OVC gratefully acknowledges those profession-

als with whom extensive telephone interviews were conducted

in Maricopa County, Arizona; Marion County, Indiana; Dade

County, Florida; Pontiac, Michigan; Clark County, Nevada; and

Jefferson County, Kentucky.

Finally, OVC gratefully acknowledges the guidance and

support of the project monitor, Olga Trujillo, Director, Special

Projects Division, at the Office for Victims of Crime.

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vii

Contents

I. Introduction .........................................................................1

II. Background .........................................................................1

III. Findings From a Survey of State Legislators....................2

IV. Context and Questions........................................................5

V. Issues....................................................................................8

VI. Conclusion.........................................................................16

VII. Notes..................................................................................17

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State Legislators’ Handbook for Statutory Rape Issues

I. Introduction

The State Legislators’ Handbook for Statutory Rape Issues

is designed to help State legislators develop effective and

enforceable statutory rape laws that can and will be used to

prosecute offenders and prevent occurrences of the crime. This

Handbook provides a framework for developing and analyzing

legislation that would make sexual intercourse with a minor a

crime based on the age of the minor. Its purpose is to assist

legislators and policymakers who are amending their statutory

rape laws. While each State must determine what laws to pass,

this Handbook provides a framework for discussing and consid-

ering the issues.

This Handbook begins with background information and a

description of what led to its development. Next, specific issues

are discussed, including raising the age of consent, age differen-

tials, pregnancy, reporting, and penalties. Then, questions for

each issue are offered for legislators and policymakers to con-

sider before drafting new legislation or amending existing law.

II. Background

Currently, all States have laws that prohibit sexual inter-

course with persons under a certain age. Although commonly

referred to as “statutory rape” laws, the term is not usually

found in criminal statutes. Rape, sexual assault, and unlawful

sexual intercourse are some of the more commonly used terms.

By whatever name, these laws have been the focus of recent

legislative interest. In the last few years, more than 20 States

have considered proposals to amend these laws.

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III. Findings From a Survey of State

Legislators

In 1997, under a cooperative agreement with the Office for

Victims of Crime of the U.S. Department of Justice, the Ameri-

can Bar Association (ABA) Center on Children and the Law

surveyed all States regarding statutory rape legislation they had

considered within the last few years—from 1995 to early 1997.

This Handbook is based on that survey. In addition, the ABA

staff reviewed current laws and other literature on the topic.

The survey findings included the following amendments to

existing statutory rape laws. The States enacted these amend-

ments between January 1995 and January 1997:

■ Raising the age of the minor who is subject to protection by

the law. North Carolina and Pennsylvania raised the age of

the minor—up to 16 years—who is subject to protection

under the criminal unlawful sex laws. North Carolina did so

as part of amendments that created different offenses based

on the age of the minor and the age gap between the minor

and the defendant. Under the new statute, sex with 13- to

15-year-olds is now a crime.

■ Age gaps. Along with raising the age of the minor, North

Carolina and Pennsylvania also imposed age gaps. If the

minor is above a certain age, a crime is committed only

if the defendant is a specified number of years older than

the minor (5 years in North Carolina and 4 years in

Pennsylvania).

■ Impregnation of a minor as a separate offense. Florida

passed several provisions regarding unlawful sex with

minors. Impregnation of a minor is now a separate offense,

and defendants may be liable for child support and related

medical expenses. If paternity is established in cases involv-

ing defendants 24 years or older, child support must be paid.

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State Legislators’ Handbook for Statutory Rape Issues

■ Targeting much older defendants. Two States increased the

possible sentence when the defendant is significantly older

than the minor. Delaware increased the possible sentence

when the defendant is 10 or more years older than a minor

under 16, and Georgia increased the sentence to a mandato-

ry 10 years when the defendant is 21 years old or older.

Florida rewrote one of its laws so that persons 24 or older

are prohibited from having sex with 16- and 17-year-olds.

■ Possibility of civil penalties. California has authorized civil

penalties ranging from $2,000 to $25,000 for this crime. The

amount depends upon the age of the defendant and the age

gap between the defendant and the minor. Moneys collected

will be used to reimburse the costs of prosecution, with the

remainder placed in an Underage Pregnancy Prevention

Fund.

■ Encouraging reporting. Tennessee passed a bill encouraging,

but not requiring, health care providers to report statutory

rape, defined in Tennessee as sexual assault on minors 13

to 15 years old. Reporting is already mandated for children

under 13. Florida passed legislation making sex with chil-

dren under 16 child abuse if the offender is 21 or older.

Below is proposed legislation considered by 13 other State

legislatures that was not enacted during their most recently

completed session.

■ Expanded scope of laws/raising age of protected minor.

Indiana and Washington considered providing criminal

penalties for men 21 years old and older who have sex with

a minor who is either 16 or 17 years of age, respectively.

Washington would also have required the defendant to be in

a position of authority. Both proposals included restitution.

Hawaii, Mississippi, and Utah considered raising the age of

the minor protected under statutory rape laws. Utah would

have raised the age to 18; Mississippi would have raised it

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from 14 to 16 years of age. Hawaii considered several pro-

posals on raising the age, which is now the lowest in the

country at 14 years.

■ Prosecution grants, penalties for parents’ failure to seek

prosecution. New York and Connecticut considered autho-

rizing grant programs for statutory rape prosecution.

Connecticut considered imposing criminal penalties against

parents who fail to seek prosecution of a man engaged in a

sexual relationship with their daughter if she was under 16

and knew the offender.

■ Mandatory reporting. Tennessee and Virginia considered

legislation requiring the report of statutory rape under

mandatory child abuse reporting laws.

■ Penalties associated with pregnancy. Illinois and Oregon

considered increasing the penalties for statutory rape if a

pregnancy results.

■ Mandatory minimum sentence. Massachusetts considered a

1-year mandatory minimum sentence if the defendant is 18

years old or if there is a 5-year age difference between the

minor and the offender.

■ Exemption to precondition for benefit eligibility. New

Hampshire considered adding statutory rape as an exemp-

tion to establishing paternity as a precondition to eligibility

for State public assistance benefits.

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State Legislators’ Handbook for Statutory Rape Issues

IV. Context and Questions

Several basic questions permeate the discussion of statuto-

ry rape laws. A clear understanding of these questions will help

put proposed legislation in context and focus discussion of the

legislation. We encourage legislators and their staff to consider

the following:

1. What is the purpose of statutory rape laws?

2. What does criminal prosecution mean?

3. Are the purposes furthered through the criminal laws?

4. What other State efforts and policies need to be

considered?

■ What is the purpose of statutory rape laws? Laws making

sex with minors a crime and the proposed changes to these

laws may have more than one purpose. Generally, the more

specific a State can be in outlining a law’s purpose or purposes,

the better. Knowing the specifics will further discussion and

help the State develop and pass laws that accurately address

what the State determines to be prosecutable.

■ What does criminal prosecution mean? Sometimes multiple

purposes in laws lead to different results. For example, if

laws are aimed at “predatory, exploitative” behavior, it is

critical to define what “predatory and exploitative” behavior

is. If laws are designed to encourage responsibility by dis-

cussing marriage and paternity, criminal prosecution may

be in order.

Reviewing the laws and practices in the particular State

will educate legislators about what outcomes may be expect-

ed from criminal prosecution for statutory rape. It may

mean one or more of the following outcomes: conviction

of a felony, conviction of a misdemeanor, incarceration,

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probation, child support, sex offender therapy, civil penal-

ties, and registration as a sex offender. Further, legislators

will understand the circumstances that must be met for an

offender to receive this charge and any conditions.

■ Are the purposes furthered through the criminal laws? In

the recent ABA survey of 21 States that were considering

proposed legislation, a number of different motivations were

observed on the part of State legislators, including:

●

General intent to protect minors from sexual

intercourse.

●

Desire to protect minors below a certain age from preda-

tory, exploitative sexual relationships—for example, with

much older partners.

●

Prevention and/or reduction of the incidence of teen

pregnancy.

●

Reduction of the number of young mothers on welfare.

●

Responsibility and accountability in sexuality and

parenting.

A question often considered is whether the law’s purposes

are furthered by criminal prosecution. With purposes clearly

in mind, any proposed change to the law can be better eval-

uated. This evaluation is best aided by reviewing research

studies, researching local- and State-level statistical informa-

tion, holding hearings to obtain assessments by criminal jus-

tice and agency professionals, and conferring with legislative

staff in other States. Such an evaluation should help legisla-

tors determine whether the impact of the proposed legisla-

tion is likely to further the law’s purposes.

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State Legislators’ Handbook for Statutory Rape Issues

For example, if a proposal is aimed at reducing teen preg-

nancy and/or reducing reliance on welfare, examination of

the State’s statistics may clarify whether the proposal is

likely to have the desired impact. While national statistics

may suggest an answer, State or local evidence is critical. In

North Carolina, statistics presented by the North Carolina

Organization for Women suggested that increased enforce-

ment of the statutory rape laws would not reduce teen preg-

nancy in that State.

■ What other State efforts and policies need to be considered?

States and localities may have a variety of efforts under way

to reduce teen pregnancy. They may work with adolescents

on sexuality education, which may or may not be enhanced

by new legislation. For example, the ABA survey revealed

that some States are struggling to balance the desire to deter

exploitation through statutory rape laws with the concern

that focusing on prosecution will result in teens failing to

seek appropriate health care, including contraceptives and

prenatal care. Some States find that this struggle may occur

when States consider raising the age of the minor subject for

protection under statutory rape laws.

Efforts to increase reporting of statutory rape have also

resulted in a struggle to balance conflicting concerns. Some

States have reached consensus by defining the scope of these

laws to focus prosecution efforts on cases perceived as exploit-

ative. For example, a recent Florida statute prohibits persons

24 or over from sexual activity with 16- and 17-year-olds.

This effectively requires at least a 7-year age gap for these

older minors. Florida’s legislators are comfortable defining

exploitation as a large age gap.

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V. Issues

Raising the Age of Consent and Instituting

Defendant Age or Other Requirements To Limit

the Scope of the Laws

■ The issue. Raising the age of consent by using the criminal

laws to protect minors up to age 16, 17, or 18 years presents

a number of issues. Major questions include how old the

defendant must be and how much of an age difference exists

between the defendant and the minor.

■ Discussion. The modern trend has been to raise the age of

the minor protected under criminal statutory rape laws.

Currently, the highest ages protected range from 14 to 18,

with more than 90 percent ending protection at age 16, 17,

or 18 years. A recent ABA survey of State legislative propos-

als indicates that 12 of 21 States considered raising the age

of the minor protected under statutory rape laws. A number

of these States identified a challenge when they raised the

age of consent—how to avoid making consensual “peer sex”

among teenagers a criminal offense. For this reason, a num-

ber of States have considered or required either a minimum

age for the defendant or an age difference between the minor

and the defendant. For example, North Carolina’s recently

enacted legislation creates a new class of statutory rape to

cover 13-, 14-, and 15-year-olds if the defendant is 5 or more

years older than the minor.

Currently, 23 States have age differentials for at least one of

their statutory rape offenses. Twenty-six States have speci-

fied an age minimum for the defendant under at least one

statutory rape offense. The ABA survey indicated that all

States that considered raising the age of the minor protected

also considered age differentials between the minor and the

defendant and/or age minimums for the defendant. More-

over, in 6 of the 21 States interviewed in the ABA survey,

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State Legislators’ Handbook for Statutory Rape Issues

the determination of an appropriate age differential set off

considerable debate. Under current laws, depending upon

the State, the age differential may be set at from 2 to 6 years

older than the minor. Most often, however, it is set at 3 or

4 years. In the survey, the age differentials reflected these

variations.

Another category of persons some States choose not to

penalize can be found in the marriage defense/exclusion.

Some statutes specify that marriage is a defense. Although,

generally, the marriage has to have occurred before the sex-

ual penetration takes place, in one State it will effectively

“cure” the crime if it occurs after the fact. In addition, some

States only permit this defense if the minor is at least a cer-

tain age. Moreover, in a number of States, the exclusion is

stated not as a defense but is included in defining the crime,

such as sexual penetration by a person who is not the

spouse of the minor.

The ABA survey of issues in recent legislation and proposals

indicates that some States are targeting “older” offenders. In

Florida, for example, the crime of unlawful sexual activity

with certain minors applies to sexual activity between 16-

and 17-year-olds and persons 24 or older. Absent other con-

ditions, such as being in a position of familial or custodial

authority, consensual sex with these minors by those 18 or

older does not fall within a crime. Viewed another way, the

law essentially imposes a 7- or 8-year age gap when 16- and

17-year-olds are involved. As noted in the survey, other

States have expressed similar concerns about older offend-

ers, viewing these relationships as “exploitative.” More often,

however, this concern has arisen over the possible penalty to

be imposed.

■ Questions to consider regarding legislation on raising the

age of consent:

1. Why is the legislation being introduced? (See above

discussion of purpose.)

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2. What are the current laws and are they being

implemented?

3. To what age should the criminal laws be used to protect

a minor from “voluntary” sexual intercourse?

4. Against whom should the criminal laws be used to pro-

tect a minor from sexual intercourse? It may be useful

to break this question down further: Who should be

penalized? Who should the laws target?

Available Penalties and Factors Warranting

Increased Sanctions

■ The issue. A variety of sanctions, penalties, and treatment

may be associated with statutory rape, including prison or

jail, child support, fines, counseling, and treatment services.

Modern statutory rape laws usually reflect multilevel statuto-

ry schemes with different penalties set forth depending upon

the age of the minor. In addition, laws may provide for

increased penalties if the defendant is much older than the

minor, if pregnancy results, or under other circumstances.

■ Discussion. Sanctions or penalties set forth in State statutes

typically include possible or mandatory prison or jail time,

child support, fines, and, at least in California, civil penal-

ties. In addition, restitution, counseling, therapy, and other

treatment services may be ordered.

Changes to the possible sentences have recently been con-

sidered by a number of States. At least 10 States responding

to the ABA survey indicated that they had considered raising

or lengthening the penalty for statutory rape.

Although

most of these States considered raising the possible sen-

tence, some considered legislation that raised the penalty

for one level of the crime, but lowered it for another level.

For example, Oregon recently considered decreasing the

penalty for rape in the third degree (sex with a minor under

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State Legislators’ Handbook for Statutory Rape Issues

16 years of age; a class C felony) but increasing the penalty

for contributing to the sexual delinquency of a minor if a

pregnancy results. Further, as discussed in the next section,

other States considered or established mandatory minimum

sentences when the defendant and/or minor met certain age

requirements. For example, in Georgia the minimum penalty

is 10 to 20 years (increased from 1 to 20 years) when the

defendant has sex with a minor under the age of 16.

Child support. Some States authorize an order for child sup-

port as part of their statutory rape statute. In addition, as

noted below in the Pregnancy: Sentencing and child sup-

port section, courts in a number of States are authorized to

award child support through other, more general authority.

Fines/civil penalties. Many statutes authorize imposing fines

up to a certain amount. In addition, California recently

adopted a provision that allows the award of civil penalties

in statutory rape cases. The possible amount depends upon

the age differential between the offender and the minor; the

range is from $2,000 (age gap of 2 years) to $25,000 (minor

under 16 and offender over 21). The district attorney is

authorized to bring actions to recover the civil penalties. An

amount equal to the costs of pursuing the action is to be

deposited with the treasurer of the county in which the judg-

ment was entered. The remainder goes to a State Underage

Pregnancy Prevention Fund.

Sex offender registration. A Federal law passed in 1994

ties Federal funds to State passage of sex offender registra-

tion laws. This law has been amended several times, most

recently in 1997. All States currently have sex offender reg-

istration laws. The Federal law requires a minimum 10-year

registration for a person convicted of “a criminal offense

against a victim who is a minor.” A series of clauses in the

Federal law further defines “a criminal offense against a vic-

tim who is a minor.” State statutory rape offenses would

appear to be covered under two of the clauses set forth in

the Federal law. Thus, it appears that statutory rape offenses

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should be covered under State sex offender registration laws

to comply with Federal law.

Age of the minor and/or age of the offender. By statute, a

number of States have determined that the age of the minor

and/or the age of the defendant should be a factor in sen-

tencing. As noted previously, the modern trend is toward

multilevel statutes, with increased penalties associated with

sexual intercourse with younger minors. Moreover, as noted

above, States in recent years increasingly believe “older”

defendants warrant increased or mandatory minimum penal-

ties. For example, the survey revealed the following:

●

Delaware raised the penalty from 0–10 years to 2–20

years when the minor is under 16 years of age and the

offender is 10 or more years older or when the minor is

under age 14 and the offender is at least 19 years old.

●

In Georgia, the minimum penalty is now 10–20 years, up

from 1–20 years, when an offender at least 21 years old

has sex with someone under 16 years of age.

●

A bill proposed in Oregon in 1997 would increase the

penalty for rape in the third degree (minor under 16

years) when the defendant is at least 21 years of age.

The crime would then become a class B felony, punish-

able by up to 10 years and/or by a fine of $200,000.

Pregnancy: Sentencing and child support. As the ABA sur-

vey indicates, a number of States considered legislation that

focused on pregnancy. These proposals reflect different, and

possibly conflicting, penalties. When pregnancy results, sen-

tencing can include longer prison time and more severe

financial responsibility through restitution and child support.

●

Illinois proposed and Oregon passed legislation that

raises the penalty if a pregnancy results by raising the

felony up another level.

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State Legislators’ Handbook for Statutory Rape Issues

●

Eight other States indicated that pregnancy was consid-

ered an aggravating factor at sentencing, generally not a

criterion written into the statute, but included as part of

the sentencing guidelines.

●

Several States permit the court to order restitution for

costs associated with the pregnancy dating back to the

birth of the child. Some expressed concern that this

might permit offenders who can pay to go free, while

poor offenders who cannot pay are sent to jail.

Use of drugs and/or alcohol. Some States have considered

or passed legislation increasing the criminal penalties for sex

with minors when drugs or alcohol are involved. Florida, for

example, considered increasing the penalty for sex with

minors if the offense was committed while the minor was

under the influence of drugs or alcohol.

■ Questions to consider regarding legislation on penalties:

1. What is the purpose of the penalty provision? Is it con-

sistent with the avowed purpose(s) of the statutory rape

legislation?

2. Does State or local statistical information provided by

service providers, law enforcement, and prosecutors

indicate the legislation is warranted?

3. Would more vigorous enforcement of existing laws reach

the desired result of the proposed legislation?

4. Are there other means, such as education, that can be

used to reach the desired goal, either to supplement the

proposed legislation or to replace it?

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Reporting

■ The issue. All States have laws that require certain classes of

professions, such as school or medical personnel, to report

child abuse and neglect. The question of whether statutory

rape laws are included within these mandatory reporting

laws is unclear in many States. More research on this issue

is needed.

■ Discussion. The ABA survey revealed that in recent years at

least four States considered making the reporting of statuto-

ry rape mandatory by redefining child abuse to include

statutory rape.

Some States have done so, usually with the

limitation that the minor is below a certain age, such as 15

years of age in Florida. This change requires those who are

mandatory reporters of child abuse to report statutory rape.

As previously noted, States may be concerned that mandato-

ry reporting requirements will discourage minors from seek-

ing or remaining in health and mental health care treatment.

Delaware approached the reporting issue differently. Rather

than redefining child abuse in the law, a “memorandum of

understanding”—an informal agreement among law enforce-

ment, State agencies, and schools—was adopted stating that

statutory rape cases are considered child abuse, and the

child abuse reporting mechanisms are to be used to their

fullest extent to report it.

■ Questions to consider regarding reporting laws:

1. Does the State child abuse reporting law include statu-

tory rape crimes? Does it cover all minors or only those

up to a certain age? Does it only cover actions of a par-

ent or someone in a position of trust or authority?

2. Has the legislature obtained input from health and men-

tal health care providers on such issues as confidentiali-

ty and the potential impact that reporting may have on

delivery of needed services to victims of statutory rape?

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State Legislators’ Handbook for Statutory Rape Issues

Special Prosecution Units

■ The issue. Some States are not actually focusing on revising

their statutory rape laws, but rather are channeling funds

into creating special prosecution units or are including these

crimes in their child sex assault units.

■ Discussion. The ABA survey revealed that at least seven of

the States interviewed considered creating special units or

task forces to prosecute statutory rape offenses.

According

to these States, these units encourage prosecutors to take

statutory rape cases seriously—even when faced with an

unwilling victim. Since some prosecutors typically focus

efforts on prosecuting cases with the highest probability of

success, statutory rape cases are often low priority because

prosecutors anticipate unwilling witnesses or unsympathetic

jurors. Some States find that creating specialized units coun-

ters this low priority status. In addition, States find that

developing specialized units creates certain efficiencies—

prosecutors become more familiar with issues in the cases,

develop expertise with the issues, and begin to establish

working relationships with others working with teens.

■ Questions to consider regarding special prosecution units:

1. Is legislation necessary to create or to fund a special

prosecutor/unit for these cases, or can already existing

specialized child abuse units take on these cases?

2. Do State and local prosecutors favor the specialized

units or do they have another proposal on how to

increase enforcement?

3. Have States that have implemented specialized units met

with continued success in prosecuting these cases?

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VI. Conclusion

Each State legislature must determine the need for amend-

ments to statutes or development of new legislation. However,

legislators and their aides may need guidance as they consider

the questions of exactly what kind of laws to pass and whether

current laws require adjustment to reflect new realities. The

questions and issues posed in this Handbook are intended to

support thorough discussion and consideration of the issues

surrounding statutory rape legislation.

OVC encourages legislators and their staff to clarify the pur-

poses of their State statutory rape laws. Legislators should also

review existing laws, research State and local statistics, review

other research studies, and confer with other State legislative

staff members. Hearings should be held to assess the impact of

the current state of enforcement as well as the potential impact

of enforcing any new or amended laws.

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State Legislators’ Handbook for Statutory Rape Issues

VII. Notes

1. The U.S. Congress included provisions on statutory rape in

the Welfare Reform Act (Personal Responsibility and Work

Opportunity Reconciliation Act of 1996, P.L. 104–193, August

1996), which notes a need for the Federal Government to

study the issue.

2. Connecticut, Hawaii, Illinois, Indiana, Massachusetts,

Mississippi, New Hampshire, New York, Oregon, Tennessee,

Utah, Virginia, and Washington.

3. California, Delaware, Georgia, Hawaii, Illinois, Indiana,

North Carolina, Oregon, Utah, and Washington.

4. California, Colorado, Delaware, Florida, Illinois, Indiana,

Oregon, and Washington.

5. Delaware, Florida, Oregon, and Tennessee.

6. California, Colorado, Connecticut, Delaware, Florida,

New York, and Utah.

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State Legislators’

Handbook for

Statutory Rape Issues

For copies of this handbook and/or additional information, please contact:

Office for Victims of Crime Resource Center (OVCRC)

P.O. Box 6000

Rockville, MD 20849–6000

Telephone: 1–800–627–6872 or 301–519–5500

E-mail orders for print publications to [email protected]

E-mail questions to [email protected]

Send your feedback on this service to [email protected]

Refer to publication number: NCJ 178238

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