statutory rape laws

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statutory rape laws

I am an eighteen year old male in Arkansas. I had sex with a fifteen year old girl and the parents are threatening to press charges. I read that if the person is within 3 years of age of the “victim” then that is an affirmative defense. Can i be prosecuted?

Asked on June 6, 2009 under Criminal Law, Arkansas

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Anyone can be prosecuted (i..e, the process thereof, but it doesn't mean the prosecutor would prevail). So in terms of what you heard:

5-14-102. In general.

(a) The definition of an offense that excludes conduct with a spouse shall not be construed to preclude accomplice liability of a spouse.
(b) When the criminality of conduct depends on a child's being below the age of fourteen (14) years and the actor is twenty (20) years of age or older, it is no defense that the actor did not know the age of the child or reasonably believed the child to be fourteen (14) years of age or older.

(c)(1) When criminality of conduct depends on a child's being below the age of fourteen (14) years and the actor is under the age of twenty (20) years, it is an affirmative defense that the actor reasonably believed the child to be of the critical age or above.

(2) The actor may be guilty, however, of the lesser offense defined by the age that he or she reasonably believed the child to be.

(d)(1) When criminality of conduct depends on a child's being below a critical age older than fourteen (14) years, it is an affirmative defense that the actor reasonably believed the child to be of the critical age or above.

(2) The actor may be guilty, however, of the lesser offense defined by the age that he or she reasonably believed the child to be.

(e) When criminality of conduct depends on a victim's being incapable of consent because he or she is mentally defective or mentally incapacitated, it is an affirmative defense that the actor reasonably believed that the victim was capable of consent.

History. Acts 1975, No. 280, § 1802; 1985, No. 281, § 1; 1985, No. 870, § 4; 1985, No. 919, § 1; A.S.A. 1947, § 41-1802; Acts 2003, No. 1323, § 2.


5-14-103. Rape.

(a)(1) A person commits rape if he or she engages in sexual intercourse or deviate sexual activity with another person:
(A) By forcible compulsion; or

(B) Who is incapable of consent because he or she is physically helpless, mentally defective, or mentally incapacitated; or

(C)(i) Who is less than fourteen (14) years of age.

(ii) It is an affirmative defense to prosecution under subdivision (a)(1)(C)(i) of this section that the actor was not more than three (3) years older than the victim; or

(D)(i) Who is less than eighteen (18) years of age, and the actor:
(a) Is the victim's guardian;
(b) Is the victim's uncle, aunt, grandparent, step-grandparent, or grandparent by adoption;
(c) Is the victim's brother or sister of the whole or half blood or by adoption; or
(d) Is the victim's nephew, niece, or first cousin.

(ii) It is an affirmative defense to prosecution under subdivision (a)(1)(D)(i) of this section that the actor was not more than three (3) years older than the victim.

(2) It is no defense to prosecution under subdivisions (a)(1)(C) or (D) of this section that the victim consented to the conduct.

(3) Rape is a Class Y felony.

(b)(1) A court may issue a permanent no contact order when:

(A) A defendant pleads guilty or nolo contendere; or

(B) All the defendant's appeals have been exhausted and the defendant remains convicted.

(2) If a judicial officer has reason to believe that mental disease or defect of the defendant will or has become an issue in the case, the judicial officer shall enter such orders as are consistent with § 5-2-305.

History. Acts 1975, No. 280, § 1803; 1981, No. 620, § 12; 1985, No. 281, § 2; 1985, No. 919, § 2; A.S.A. 1947, § 41-1803; Acts 1993, No. 935, § 1; 1997, No. 831, § 1; 2001, No. 299, § 1; 2001, No. 1738, § 1; 2003, No. 1469, § 3.



5-14-110. Sexual indecency with a child.

(a) A person commits sexual indecency with a child if:
(1) Being eighteen (18) years of age or older, the person solicits another person who is less than fifteen (15) years of age or who is represented to be less than fifteen (15) years of age to engage in sexual intercourse, deviate sexual activity, or sexual contact;

(2)(A) With the purpose to arouse or gratify the sexual desires of himself or herself or those of any other person, the person purposely exposes his or her sex organs to another person who is less than fifteen (15) years of age.

(B) It is an affirmative defense to prosecution under subdivision (a)(2)(A) of this section if the person is within three (3) years of age of the victim; or

(3) Being eighteen (18) years of age or older, the person causes or coerces another person who is less than fourteen (14) years of age to expose his or her sex organs or the breasts of a female with the purpose to arouse or gratify the sexual desires of himself, herself, or another person.

(b) Sexual indecency with a child is a Class D felony.

History. Acts 1975, No. 280, § 1810; A.S.A. 1947, § 41-1810; Acts 1995, No. 550, § 1; 2001, No. 1821, § 1; 2005, No. 1993, § 1.



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