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Criminal Law Simons, Volumes I and II
Resource 3 . 5 . 4
11 minutes

Introduction to Statutory Rape (Oberman)

Michael A. Simons

There is one traditional strict liability cimre that does carry both a significant penalty and moral condemnation: statutory rape. Statutory rape actually raises two distinct issues: 

(1) Actus reus: Should underage sex be criminalized? If so, at what ages? (In other words, what is the harm?)
(2) Mens rea: Must the defendant know (or be reckless about) the victim's age? (In other words, what is the required culpability?)

As we study statutory rape, I urge you to keep these two issues separate in your mind, because they implicate completely different policy arguments. The following excerpt from Prof. Michelle Oberman provides a good introduction to the competing policy goals underlying statutory rape.

 

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