STATUTORY RAPE ( A CRITIQUE )

Do people really understand statutory rape?

Rape is nonconsensual sexual intercourse; it's often committed through force, threats, or fear. One variation of rape, called statutory rape, makes it unlawful to have sex with a minor under the "age of consent," which is usually between 16 and 18 in other states or below 16 even if the minor consents to the sex.

Although most rape laws emphasize the forced nature of intercourse (penetrative or nonpenetrative), consent is not an issue when it comes to proving statutory rape. Statutory rape assumes that all sexual activities are always forced (coerced) if the individual is below a certain age. 

The laws of statutory rape define the age at which an individual is legally capable of consenting to sexual relations for instance a girl who is from 13/12 years to 16 is not in the right state nor cable to involve herself in any sexual activity especially with a person who is above 18 or at the age of 30 or better yet between 25 to 40 year’s. 

As an example, the Supreme Court of Idaho states ( Out of South Africa ) that the ability to legally consent to sex is based on the ability to recognize the probable outcomes of sex and make an informed choice. Therefore, the court raised the average age of consent to 18 years old (it was previously 12 years old).

Does dating come with age difference?

Although dating may not be an issue, sexual contact in any form between a 16-year-old and a 13-year-old may be illegal depending on the laws. This is more so because in some states, the minimum age requirement for a person to have intercourse is 16 years old (sometimes even 18 years old).

Additionally, the age difference between the victim and the offender is very important. An age difference of even 2 years could be enough in some cases for charges to be pressed. In other countries, it is 3-4 years. The minimum age of the defendant in most states does not matter if charges are to be pressed.

Consequences of statutory rape

What people don’t take in mind is that this kind of rape is one of the highest rape that leads to teenage pregnancy and birth of children with no parents or single parents which is the mother only no father involved. In South Africa here in msanzi, the percentage of teenage pregnancy even before the pandemic 16% percentage of young women of age 15/19 begun childbearing the figures ranges between 11% in urban areas and 19% in rural area’s. The highest factor that has contributed to this is Gender based violence which is against women. In South Africa 1 to 3 women experience gender based violence and 1 in 6 children under the age of 18 experience sexual abuse. 

Though men have a tendency of saying “if you see two sisters walking together the fresh one is the youngest, go for the young one” which also has contributed a lot in statutory rape. A 40 year’s old man seeing a 16 years girl that’s a full dish considers her as a “meal” not knowing the consequences.

In Gauteng over 23 000 of girls under the age 18 gave birth between April 2020 and March 2021 of which 934 were under the age if 14 compared to 14 577 girls were 19 years and under having babies in the same period of year. 

Early motherhood can lead to many girl’s dropping out of school and traps many in poverty. 

Watching a child turning to a mother out of the blue it’s heartbreaking, a child needs to be a child not giving birth to another child. 

What happens if a case of statutory rape is reported?

It should be noted that not all illegal sexual activity under a state's criminal law with a minor is child abuse. If two minors are caught engaging in sexual activity of any kind, action will be taken depending on their ages, age difference, and place in which it occurred.

The last statement if you see a problem then you are the problem.