![]() For example, the Supreme Court of Idaho defined the ability to give legal consent to include: (1) the ability to recognize the potential consequences of sexual intercourse and, given this understanding, (2) the ability to make a knowing choice. Generally, statutory rape laws define the age below which an individual is legally incapable of consenting to sexual activity. Unlike most rape laws, in which force is a key element of the offense, statutory rape laws assume that all sexual activities with individuals below a certain age are coercive, even if both parties believe their participation is voluntary. ![]() It is also intended to serve as a resource for HHS grantees to better understand their legal obligations with respect to statutory rape. This report is designed to provide information useful to state and federal policymakers who are interested in how state statutes address statutory rape. A summary of statutory rape and reporting laws for each state and the District of Columbia.An overview of state statutory rape laws and reporting requirements.This report includes the following two sections: As this document indicates, there is wide variation among laws and reporting requirements in different states. One task of this project was a compilation of state laws and reporting requirements. Lewin is assisted in the study by an advisory group composed of representatives from each of the three HHS agencies on which the study is focused: The Office of Population Affairs, the Children’s Bureau, and the Health Resources and Services Administration. ASPE contracted with The Lewin Group, a health and human services consulting firm, to conduct a multi-phase, descriptive study to collect information about state laws, federal guidance to programs, and grantees’ and local offices’ practices. The Office of the Assistant Secretary for Planning and Evaluation (ASPE) within HHS, and its federal partner agencies, are focusing on three federally funded programs that have contact with adolescents: Title X family planning clinics, Health Resources and Services Administration-supported health centers, and child protective services. It is important to understand how HHS grantees can meet those responsibilities within the context of their organizational missions, which may involve the provision of confidential services. Of paramount concern is protecting young people from harm and providing vulnerable young people with the health care and other supports that they need while assisting service providers in their obligation to comply with state reporting requirements. These findings raised concerns among policy makers, health care providers, and advocates alike and prompted a study of alternatives for reducing coercive sexual activity. Half of children born to minors are fathered by adult men, and sexual partners of these adolescents are often 3 to 6 years older.Almost three-quarters of women who had intercourse before age 14, and 60 percent who did so before age 15, reported having a forced sexual experience. ![]() Adolescents who are sexually active at a young age are more likely to have experienced coercive sex.Department of Health and Human Services (HHS) is concerned about the health of adolescents, including unwanted sexual contact at a young age. The Authors Introduction Project Description Their comments improved both the content and the organization of the paper.Īt The Lewin Group, Shauna Brodsky reviewed drafts and provided helpful comments. Sarah Brown, Eva Klain, and Brenda Rhodes Miller provided us with valuable guidance and insights into legal issues and the policy implications of the laws and reporting requirements. In addition, we would like to acknowledge the assistance of a number of reviewers. This report benefited greatly from the oversight and input of Jerry Silverman, the ASPE Project Officer. Department of Health and Human Services under a contract to The Lewin Group. Work on this project was funded by the Office of the Assistant Secretary for Planning and Evaluation in the U.S.
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