Unlawful Sexual Activity with Certain Minors Lawyers

Unlawful Sexual Activity with Minors: A Complex Legal Landscape

Defining Unlawful Sexual Activity with a Minor

What constitutes unlawful sexual activity with a minor varies by state but generally refers to any sexual contact or conduct between an adult and a minor below the legal age of consent. This can encompass a wide range of acts beyond sexual intercourse, including fondling, indecent exposure, child pornography production, and more.

The age of consent also varies widely, ranging from 16 to 18 years old across states. Any sexual activity occurring between an adult and a minor below the delineated age of consent in that jurisdiction is considered statutory rape and dealt with harshly under the law.

Prevalence and Impact

Minor sexual abuse is tragically common. According to RAINN, children under 18 account for over 60% of all sexual abuse victims. The trauma inflicted has devastating immediate and lifelong consequences for survivors.

Beyond the horrific personal impact, unlawful sexual contact with a minor is considered an especially heinous offense under the law. Strong penalties are instituted to punish offenders and deter future crimes. However, in certain situations, consensual activity occurs between young people close in age, leading to complicated legal questions around consent, relative ages, and appropriate punishment.

Key Charges and Penalties

The exact charges brought against an adult accused of engaging in sexual activity with a minor depend on the relevant state laws and specifics of the case. Possible felony charges can include:

• Statutory rape
• Sexual assault
• Sexual abuse
• Child molestation
• Corruption of a minor
• Contributing to the delinquency of a minor

Penalties upon conviction tend to be severe, potentially involving long prison sentences, large fines, sex offender registration, probation, loss of parental rights, and other substantial consequences.

In Kansas, for example, penalties for unlawful voluntary sexual relations with a child aged 14-16 carry over 100 months imprisonment. In Florida, similar unlawful sexual contact with a 16-17 year old minor by a person over age 23 is considered a second-degree felony with up to 15 years imprisonment.

Key Defenses

Building an effective legal defense in minor sexual assault cases requires experience and nuance. Common defense strategies can include:

Consent

Lack of consent is a key component of sexual assault. However, with minors below the age of consent, their consent cannot legally justify the sexual activity. Still, consent may be relevant to reducing certain penalties in limited contexts, like Romeo and Juliet laws.

Mistake of Age

Reasonably believing the minor was over the age of consent can potentially form a defense against statutory rape changes in some states. However, strict liability often applies, making mistake of age irrelevant. Consultation with a local lawyer is key to understand if and how mistake defenses apply in your jurisdiction.

False Accusations

Unfortunately, false accusations do occur, especially in contentious custody disputes. An experienced lawyer can build a strong defense by undermining credibility of accusations through careful investigation and examination of supporting evidence.

Special Considerations for Authority Figures

Additional legal duties and penalties apply for those in positions of authority over children like teachers, coaches, clergy, counselors and doctors. These authority figures face stricter laws, since they are trusted with privileged access and hold power over vulnerable minors.

Impact for Military Service Members

Military service members are held to high behavioral standards under the Uniform Code of Military Justice (UCMJ). Article 120b specifically prohibits rape, sexual assault and sexual abuse of a child for service members. Courts martial treat these article 120b offenses harshly.

An Evolving and Controversial Area of Law

Laws addressing unlawful sexual contact with minors aim to strike a delicate balance between protecting vulnerable children, respecting autonomy as minors mature, and avoiding overly harsh punishments, especially for other minors. Reasonable people can disagree on where lines should be drawn. As lawyers in this field, we follow emerging legal trends closely.

Recent reforms have focused on extending or eliminating statues of limitations for civil cases, allowing survivors to seek financial restitution against abusers and complicit institutions whenever they are ready. Support programs for victims continue expanding. Overall enforcement and severity of punishment has increased substantially from past eras.

Guidance and Support from Experienced Attorneys

Laws related to sexual contact with minors represent an intricate legal landscape, with high stakes for all parties involved. If you stand accused of charges in this arena or suffered victimization, having an experienced lawyer’s guidance is critical. Do not hesitate to contact us for a free consultation. We have extensive experience serving as knowledgeable advisors and compassionate advocates around unlawful minor sexual activity cases. With care and commitment, we can help you understand your rights, build an effective defense if accused, or pursue justice if victimized. You are not alone. We are here to help.