In Catholic theology, the Decalogues (or Ten Commandments) are numbered so that the sixth commandment is: “Thou shalt not commit adultery.” The Catholic Church`s interpretation of the sixth commandment is much broader than adultery (sexual relations outside marriage) and concerns a series of so-called “offenses against chastity.” The revised sexual offence provisions flow from this broad interpretation of the sixth commandment. The provisions of canon 1395 §3. are based on coercion, as they require proof of the use of “force, threats or abuse of authority”, while canon 1398 §1. describes sexual offences for which the victim has been found incapable of giving consent (because she “habitually has an imperfect use of reason”). There is no voluntary sexual consent for those considered capable of consenting. [76] When people have sex with each other, they have to accept what is happening. This is called giving consent. Consent laws in each state may also cover a young person`s right to reproductive health services, such as: age difference. In 27 countries, the legality of sexual intercourse with minors is based, at least in certain circumstances, on the age difference between the two parties (see third column of table 1).
In 12 of these states, legality is based solely on the age difference between the two parties. For example: 27 Although reporting requirements in many states relate to one or more state statutory rape laws, California is an exception in that reporting requirements are contained in the same section of the laws (the Penal Code) as criminal laws dealing with sexual activity involving minors. In the United States, laws defining consent and age of consent differ from state to state. The national median age is 16 years. In Arkansas, the age of consent is 15, while in Oregon, the age of consent is 18. In some States, responsibility for initial investigations depends on the relationship between the victim and the accused. In North Carolina, the county Department of Social Services is generally responsible for the initial investigation of reported abuse. However, cases where it is alleged that abuse is committed by a person who is not responsible for the care of the victim must be immediately referred to the law enforcement agencies and the Public Prosecutor`s Office. Such provisions are common in States where the definition of child abuse does not include legal rape. Take Iowa, for example, where legal rape is only included in the definition of child abuse — and therefore a reportable crime — if the victim is under the age of 12.
The Department of Social Services responsible for receiving and investigating reports of child abuse must refer all cases that would constitute child abuse to the appropriate law enforcement agency if the act was not committed by a person who is not responsible for the care of the child. Sexual consent is an agreement to participate in sexual activity. Before you have sex with someone, you need to know if they also want to have sex with you. It`s also important to be honest with your partner about what you want and don`t want. States have two main objectives when responding to allegations of child abuse: (1) to ensure the health, safety and well-being of the child concerned, to take the necessary measures to prevent further harm, and (2) to investigate whether the reported abuse constitutes a criminal offence and, if so, to prosecute the perpetrators. There is no uniform legal definition of consent. Each state establishes its own definition, either by law or through judicial proceedings. In general, there are three main methods by which states analyze consent in relation to sexual acts: Reporting laws generally specify one or more authorities to which reports must be made. In most states, commissioned reporters can brief the state or county authority (or agency designated by the agency) responsible for social or social services, children and families, or child protection.37 In about two-thirds of states, commissioned journalists have the option of briefing law enforcement or prosecutors instead of the child protection agency.