What is Statutory Rape Law and Punishments in Alaska
It is illegal for any adult in Alaska to engage in sexual activity with any minor. The state of Alaska defines an adult as a person who is 18 years or older and minor to be younger than 16 years of age. This premise holds even if the sex is consensual. A person who breaks these laws is said to have committed statutory rape.
The statutory rape laws are crafted on the assumption that minors are not capable when it comes to informed consent to any sexual activity. This incapacity is even written into this statute-this is why the term is "statutory" rape.
Also if there is no need for the prosecutor to prove that statutory rape constitutes an assault, the incident continues to be a rape. Any rape which does involve assault or force is regarded as an assault in Alaska and can be prosecuted as forcible rape. Any assault of sexual nature could be charged as per Alaska state's child enticement or assault and battery or molestation laws.
Statutory rape laws in Alaska and punishments
Statutory rape in Alaska gets to be prosecuted under the sexual abuse laws present in the state. It is divided into many categories depending on the age of the said parties and also the kind of sexual conduct which has occurred. The explanation is given in the following text.
Sexual abuse of minor in the first degree involves sexual penetration where the defendant was 16 years of age or older. The victim is 12 years old or younger. Such an offense is described as an unclassified felony.
Sexual abuse of minor in the second degree is class B felony. It involves sexual penetration between small aged 13 years, 14 years, or 15 years, and the defendant must be a minimum of 17 years old. The latter must be four or more years older compared to the minor.
The class B felony also happens when sexual contact (but no penetration) between a minor aged younger than 13 and the concerned defendant must be minimum 16 years of age. The felony includes sexual penetration between any minor more youthful than 13 years of age and the defendant younger than 16 years of age. The latter must be a minimum of three years older compared to the minor.
Sexual abuse of minor in third degree gets classified as a class C felony. It includes sexual contact between defendant 17 years or older and a victim aged 13 years, 14 years, or 15 years. The latter must be a minimum of four years younger compared to the defendant.
Sexual abuse of minor in the fourth degree is class A misdemeanor. It occurs in case of sexual contact (sans penetration) between the said minor aged 12 years or younger and the concerned defendant who is found to be younger than 16 years. The latter must the three, if not more, older compared to the minor.
The list of penalties or punishments includes fines or prison time or both. The sentencing guidelines prevalent in Alaska determines these. According to Alaskan state law, other than applicable prison times and applicable fines, the individuals convicted of a few sexual crimes, like statutory rape, must get registered themselves as sex offenders.
All defendants slapped with statutory rape have usual defenses available like naming some other person as the perpetrator of the crime or the non-occurrence of the alleged crime. One or multiple defenses of this sort could be applied. The Alaska state has a marital exemption from statutory rape if that permits sex between a married minor and the adult spouse of the minor.