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Statutory Rape: a Guide to State Laws and Reporting Requirements

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Statutory Rape: a Guide to State Laws and Reporting Requirements Statutory Rape: A Guide to State Laws and Reporting Requirements Prepared for: Office of the Assistant Secretary for Planning and Evaluation, Department of Health and Human Services Prepared by: Asaph Glosser Karen Gardiner Mike Fishman December 15, 2004 Available On-line: http://www.lewin.com/Lewin_Publications/Human_Services/StateLaws Report.htm 352695 Acknowledgements Work on this project was funded by the Office of the Assistant Secretary for Planning and Evaluation in the U.S. Department of Health and Human Services under a contract to The Lewin Group. This report benefited greatly from the oversight and input of Jerry Silverman, the ASPE Project Officer. In addition, we would like to acknowledge the assistance of a number of reviewers. 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. Their comments improved both the content and the organization of the paper. At The Lewin Group, Shauna Brodsky reviewed drafts and provided helpful comments. The Authors 352695 Table of Contents I. EXECUTIVE SUMMARY..................................................................................................ES-1 A. Background.................................................................................................................ES-1 1. Criminal Laws...................................................................................................... ES-1 2. Reporting Requirements ...................................................................................... ES-2 B. Implications for Program Staff and Policy Makers..................................................ES-3 C. Structure of Report.....................................................................................................ES-3 II. INTRODUCTION...................................................................................................................1 A. Project Description...........................................................................................................1 B. Methodology ....................................................................................................................2 1. Terminology ...............................................................................................................2 2. Types of Laws.............................................................................................................3 3. Sources........................................................................................................................3 III. SUMMARY OF CURRENT STATE LAWS ...........................................................................5 A. Statutory Rape —Criminal Offenses ...............................................................................5 1. Sexual Intercourse with Minors.................................................................................5 2. Definition of Offenses ................................................................................................9 B. Child Abuse Reporting Requirements .........................................................................10 1. Inclusion of Statutory Rape in Reporting Requirements.........................................10 2. Mandatory Reporters...............................................................................................12 3. Who to Report to......................................................................................................13 4. State Response..........................................................................................................14 IV. STATE LAWS........................................................................................................................17 ALABAMA....................................................................................................................................18 ALASKA........................................................................................................................................20 ARIZONA .....................................................................................................................................22 ARKANSAS..................................................................................................................................24 CALIFORNIA ...............................................................................................................................26 COLORADO .................................................................................................................................29 CONNECTICUT...........................................................................................................................31 DELAWARE..................................................................................................................................33 DISTRICT OF COLUMBIA.........................................................................................................35 FLORIDA ......................................................................................................................................37 GEORGIA .....................................................................................................................................39 HAWAII ........................................................................................................................................41 IDAHO ..........................................................................................................................................43 ILLINOIS.......................................................................................................................................45 352695 INDIANA......................................................................................................................................48 IOWA.............................................................................................................................................50 KANSAS........................................................................................................................................52 KENTUCKY..................................................................................................................................54 LOUISIANA..................................................................................................................................57 MAINE..........................................................................................................................................59 MARYLAND.................................................................................................................................62 MASSACHUSETTS......................................................................................................................64 MICHIGAN ..................................................................................................................................65 MINNESOTA................................................................................................................................67 MISSISSIPPI.................................................................................................................................69 MISSOURI ....................................................................................................................................71 MONTANA...................................................................................................................................73 NEBRASKA ..................................................................................................................................75 NEVADA.......................................................................................................................................77 NEW HAMPSHIRE ......................................................................................................................79 NEW JERSEY ................................................................................................................................81 NEW MEXICO ..............................................................................................................................83 NEW YORK...................................................................................................................................85 NORTH CAROLINA....................................................................................................................88 NORTH DAKOTA .......................................................................................................................90 OHIO .............................................................................................................................................92 OKLAHOMA................................................................................................................................94 OREGON.......................................................................................................................................96 PENNSYLVANIA .........................................................................................................................99 RHODE ISLAND........................................................................................................................101 SOUTH CAROLINA ..................................................................................................................103
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