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The reasonableness of accused’s assumption that his/her partner was older simply doesn’t matter in the eyes of the law.A person convicted of rape will be required to register as a sex offender.
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If that type of touching is done to a person under 14, who is legally incapable of consent, it would be called “indecent assault and battery under 14.” If the allegation is that the alleged victim is over 14, then the charge would be “indecent assault and battery over 14.” There is no list of the types of acts that could be considered criminal under the indecent assault and battery statute; the act must be a touching that was “fundamentally offensive to contemporary moral values.” Examples of touching that may lead to an indecent assault and battery charge include a “hand job”, touching another person’s genitals over his/her underwear or clothes, fondling of breasts, or grabbing of buttocks (although if the grabbing is underneath the underwear and in close proximity to the anus, the perpetrator could be charged with rape).
Like with the rape statute, an indecent assault and battery can occur regardless of whether the alleged victim was given, for example, a “hand job” or if he performed a “hand job.” The touching does not need to be of a body part that is considered “private,” as long as the touching is “morally offensive.” It will likely come as a surprise to people of all ages that a minor can be charged and convicted of rape of a child.
What few of my clients seem to know is that sexual assault can be accomplished if it is against the alleged victim’s will.
This means that no actual physical force or threat of force need to be used so long as the sexual interaction was against the person’s will; the circumstances surrounding the sexual encounter and the alleged victim’s state of mind will be relevant to determining whether there was consent. Paul School rape trial: the young woman was not physically forced to have sex with the defendant nor was she threatened, but she insisted that she did not consent.
These so-called “Romeo and Juliet” exceptions were mentioned in the St.
Paul School rape case because New Hampshire makes statutory rape a misdemeanor when the two individuals are close in age.
Many of my clients are unaware that a mistake as to the age of their partner is not a defense.
It doesn’t matter that he or she looked older and/or affirmatively lied about his/her age.
For example, a 15 year old who has sex with a 13 year old schoolmate can be convicted of rape of a child.Tags: Adult Dating, affair dating, sex dating