Statutory rape is to have carnal knowledge of a person under the age of consent whether or not accomplished by force. Discuss how immaturity replaces force in the case of statutory rape and what it means to say that statutory rape is a strict liability crime in most states
What will be an ideal response?
Statutory rapists don't have to use force; the victim's immaturity substitutes for force. Furthermore, non consent isn't an element, nor is consent a defense, because minors can't legally consent to sex. In other words, statutory rape is a strict liability crime in most states. Strict liability (chapter 4) makes a voluntary behavior a crime. There is no need to prove intent. One of the arguments in support of strict liability crimes is the need to protect public health and safety. Making statutory rape a strict liability crime means the prosecution only has to prove the offender committed the crime voluntarily.
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