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People of California v. Hernandez, 61 Cal.2d 529 (1964), was a California Supreme Court case ruling that an "honest and reasonable" mistake as to the age of a female is a valid defense to a statutory rape charge. [1] The defendant was charged with violating California Penal Code section 261, subd. 1, statutory rape, a misdemeanor. He pleaded ...
Another argument presented in defence of statutory rape laws relates to the difficulty in prosecuting rape (against a victim of any age) in the courtroom. Because forced sexual intercourse with a minor is considered a particularly heinous form of rape, these laws relieve the prosecution of the burden to prove lack of consent.
First Degree Statutory Rape N.C. Gen. Stat. Ann. § 14-27.24 LWOP, life with parole or a prison term of at least 25 years (LWP and 25 years are only options if the defendant was under 18) After serving his sentence, the convict shall be under lifelong satellite-based monitoring Statutory Rape of a Person Who Is 15 Years of Age or Younger
In the trial, the state of California argued that, "the language of [the statutory rape law] and the policy and intent of the California legislature evinced in other legislation demonstrate that the prevention of pregnancy and the prevention of physical harm to female minors are the primary purposes underlying [the law]," [6] This argument ...
A California appellate court has overturned the rape conviction of former San Francisco 49ers defensive tackle Dana Stubblefield – finding it “legally invalid” – on the grounds of racial bias.
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The trial was the first in Oregon relating to marital rape since the state revised its rape law in 1977 to eliminate the marital rape immunity. [10] Although the husband was acquitted of raping his wife, it spurred the movement towards reform; many American states began to allow prosecution for marital and cohabitation rape. [11]
Inmates at a recently closed, scandal-plagued Bay Area women's prison dubbed "the rape club" have reached a historic settlement that will increase oversight and protections for about 500 inmates ...