A Case Of Statutory Rape And A Proposed Solution

Today I read a report about a 22 year old man that married a 14 year old girl because the later was pregnant. He is being charged with statutory rape. Statutory rape is the crime that assumes that children below the age of consent are not mentally or emotionally mature enough to avoid being tricked into sex by sexual predators. Her mother did consent but the father did not. But the law requires the approval of both of her parents. If her father still has parental rights over her and did not give his consent the marriage is null and void.

The mitigating circumstances are as follows. The man in this case does not act like a predator though he obviously does not recognize that a thirteen year is mentally and emotionally underdeveloped. The benefit of marriage is overwhelming, though marriages involving teens are more likely to break up. Prison has the problem that bad character corrupts good behavior. They also have a child together. As an aggravating factor I see the age difference which is she was at least 13 barely entering her teens and he 21 when they has sex together.

In order to establish justice the judge in this case should give the perpetrator probation of at least four years and preferably more years. This is because after four years the victim would reach her majority. As conditions of this probation he would have to stay married, non abusive, non-debaucheries and non-adulterous and have a means of financial support. If he proved undependable then jail would be waiting for him.