Legal Aspects of Health Administration - Case Study Example

State and federal laws had been amended in order to protect young teenagers from any attempt to violate their chastity by older men. Thus, modern laws have encompassed statutory rape as involving the sexual assault on girls aged 13 to 18 depending on state laws. In California, the statute provides that "it is illegal for any person to have consensual sex with any person who is under the age of 18" (California Penal Code Sec. 261.5). Thus, it is clear that the new age of consent is now 18 years.

This is based on the assumption that girls below the age of 18 are not mature enough and thus are legally incapable of consenting to sexual intercourse. However peer sex or what they term as Romeo and Juliet Law, wherein minor couples engage in coitus or the sex act, is treated differently or is an exemption to the rule. Here, the male is penalized for the 'crime' of misdemeanor if the age gap between him and the 'victim' is not more than 3 years. If the age difference is more than 3 years, the male could be charged for misdemeanor or felony ( California Penal Code 261.5(b). But the harshest penalty is reserved for culprits aged more than 21 years old.

Other than the charge of misdemeanor or felony, the adult culprit has to face fines and civil penalties, which increase with the age gap between the minor and the culprit. The civil penalty may . But the harshest penalty is reserved for culprits aged more than 21 years old. Other than the charge of misdemeanor or felony, the adult culprit has to face fines and civil penalties, which increase with the age gap between the minor and the culprit. The civil Health Admin 3penalty may reach $25,000 (US Department of Justice 2003, p.3) if the "perpetrator is over 21 years old and the minor is under 16" (Cal.

Penal Code 261.5 (e)). And in such case, the Statute of Limitations is 3 years, meaning, the filing of a case in court must be done within 3 years from the knowledge of the statutory rape. It is also worthwhile to mention that in California, mistake of fact is allowed as a legal defense by the perpetrator. He may allege that he did the crime believing that his 'victim' is beyond the age of consent.A. 15 Year Old Sandra Anderson's Case In the case of Mrs. Anderson's daughter, Sandra, there is definitely statutory rape because Sandra is merely 15 years of age and statutory rape laws in California had set the age of consent at 18 years.

Whether Sandra acceded to the lustful desires of her stepfather is of no moment because in statutory rape, the gravamen of the offense is the carnal knowledge of a girl below the age of minority. Whether Sandra consented to the sexual act is not an issue because statutory rape does not consider that kind of consent as voluntary i.e presuming Sandra consented. It further presumes that the offended party does not and cannot have a will of her own. The fact that it was Sandra's stepfather who