rape crime analysis

YOU ARE TO TURN IN YOUR WRITTEN RESPONSES TO EACH QUESTION BELOW

  1. Do you agree with Alabama’s sexual consent age of 16? Why or Why not?
    • If you do support the current consent age, support your position as to defend the concept that a sixteen-year-old is mature enough to consent to sexual intercourse.
    • If you do not agree with the age of 16, propose an age and defend your answer.
  1. If you had the option of rewriting this law, suggest your own age disparity element in the statute (current Alabama law has an age disparity of two or more years). After setting the age range, defend your answer by expounding on social morality and maturity of the age range.
  2. Should Rape 2nd be a strict liability crime? Why or Why not? If you choose that it should not be a strict liability crime, then suggest a level of mens rea (knowingly, recklessly, or negligently) and defend your selection. Should there be an exempt clause in statutory rape laws that would negate a criminal charge if the underage victim lied about his/her age and produced what appeared to be a legal identification card (currently, Alabama does not have this exempt element with this statute).
  3. Did the class exercise change your perception of Rape 2nd in the state of Alabama? Regardless of your answer, explain your understanding before the exercise and after the exercise.
 
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