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<br /> offense was "sexual assault," defined the 9,691 sex offenders' offenses were consent," meaning below the minimum
<br /> as one of the following: children, and what percentage were age at which a person can legally
<br /> 1. forcible sexual acts, not amounting adults. consent to having intercourse. Age of
<br /> to intercourse, with a victim of any age, consent in the 50 States ranges from
<br /> 2. nonforcible sexual acts with a minor In short, the 4,295 released child 14 to 18. Most States set age of
<br /> (such as statutory rape or incest with a molesters in this report were men consent at 16. In those States, consen-
<br /> minor or fondling), or who - sual intercourse with someone age 16
<br /> 3. nonforcible sexual acts with a. had forcible intercourse or older is usually not a criminal
<br /> someone unable to give legal or factual with a child or offense, but intercourse with someone
<br /> consent because of mental or physical b. committed "statutory rape" below 16 generally is. However, all
<br /> reasons (for example, a mentally ill or (meaning nonforcible intercourse States make exceptions to their age
<br /> retarded person or a sedated hospital with a child) or rules. Consequently, consensual inter-
<br /> patient). c. with or without force, engaged in course with children below the age of
<br /> any other type of sexual contact consent is not always a crime, and
<br /> A total of 6,576 sex offenders are with a child. consensual intercourse with children
<br /> identified in this report as released Of the 4,295, at least 338 (about 8%) who are old enough to give consent is
<br /> sexual assaulters. The 6,576 sexual had forcible intercourse, and at least not always legally permissible.
<br /> assaulters made up about two-thirds 443 (10%) committed statutory rape.
<br /> (68%) of the 9,691 released sex Exceptions for children below age of
<br /> offenders. Statutory rapist State laws define consent Certain statutory exceptions
<br /> various circumstances in which inter- exist to legal prohibitions against
<br /> Child molester Many of the 9,691 sex course between consenting partners is nonforcible intercourse with children
<br /> offenders were released prisoners illegal: for example, when one of the who are below the age of consent.
<br /> whose imprisonment offense was the partners is married or when the two are One way exceptions are made in
<br /> rape or sexual assault of a child. blood relatives or when one is a "child." statutes is by specifying the minimum
<br /> Throughout the report, released sex Laws that criminalize consensual inter- age the offender must be (for example,
<br /> offenders whose forcible or nonforcible course based solely on the marital at least age 18, at least age 20) for
<br /> sex crime was against a child are status of the partners are called intercourse to be unlawful. Persons
<br /> referred to as "child molesters." The "adultery laws." Those that criminalize below this minimum age generally
<br /> sex crime did not have to involve inter- it based solely on blood relationship cannot be prosecuted. Another
<br /> course to fit the definition of child are "incest laws." Laws that prohibit common way exceptions are made
<br /> molestation. consensual sexual intercourse based (virtually every State has these provi-
<br /> solely on the ages of the partners are sions in its laws) is by specifying how
<br /> Of the 9,691 sex offenders, 4,295 were called "statutory rape laws." much older than the victim the perpe-
<br /> identified as child molesters based on trator must be for criminal prosecution
<br /> prison records made available for the Statutory rape pertains exclusively to to occur. For example, by law in one
<br /> study. However, because complete consensual intercourse, as opposed State where age of consent is 16, no
<br /> information was not always supplied, to other types of sexual contact with a prosecution can occur unless the age
<br /> not every child molester could be child, such as forcible intercourse, difference is at least 3 years. In that
<br /> identified. Of the 9,691 released sex forcible fondling, or consensual State it is legal for a 17-year-old to
<br /> offenders, undoubtedly more than fondling. Statutory rape is one specific have consensual intercourse with a
<br /> 4,295 were child molesters, but 4,295 form of what this study calls "child 15-year-old, even though 15 is below
<br /> represent all who could be identified molestation." The child victim of statu- the age of consent; but the same act
<br /> from the information available. One tory rape can be male or female, and with a 15-year-old is illegal when the
<br /> reason child molesters were not easily the offender can be male or female. other is 18. That is because the
<br /> identified from penal code information The offender can be almost any 17-year-old is not 3 years older than
<br /> is that most States do not use the term relative ("statutory rape" includes incest the 15-year-old, whereas the 18-year-
<br /> "child molester" in their penal code, with a child), an unrelated person well old is. The aim of such exceptions is to
<br /> Nevertheless, all States have laws known to the child (such as a school distinguish teen behavior from exploita-
<br /> against sexual activity with children, teacher, neighbor, or minister), tive relationships between adults and
<br /> which does facilitate identification. As a someone the child hardly knows, or a children. Another exception is consen-
<br /> result of the uncertainty regarding the stranger. sual intercourse between husband and
<br /> number of child molesters among the wife; no prosecution can occur if one
<br /> 9,691 sex offenders, the study cannot Statutory rape laws define a "child" as a spouse is below the age of consent.
<br /> say what percentage of the victims of person who is below the "age of
<br /> 4 Recidivism of Sex Offenders Released from Prison in 1994
<br /> 5OA-53
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