Pennsylvanian statutory rape law

[Mosherette]

A discussion of the drinking age laws in the US at coffee break at work today brought up this little "fact", mentioned by a colleague who says hos brother lives in Pennsylvania. According to colleague's brother, if a man over the age of 18 is caught in a car with or accompanying a girl under the age of 18 after 10pm (the "curfew" time - and does that apply in Pennsylvania?) he "can" be charged with statutory rape.

My BS meter went off immediately...

[nancyfancypants]

Pennsylvania 18 § 3121
Rape to engage in sexual intercourse with a complainant who is less than 13 years of age.

Rape to engage in deviate sexual intercourse with a complainant who is less than (1) 13 years of age or (2) 16 years of age and the actor is four or more years older.


This is the statute, and I fail to see anything in that definition that would make the above happen.

[damian]

This site says statutory rape has been repealed in Pennsylvania.

It does, however, define statutory sexual assault:

3122.1. Statutory sexual assault.
Except as provided in section 3121 (relating to rape), a person commits a felony of the second degree when that person engages in sexual intercourse with a complainant under the age of 16 years and that person is four or more years older than the complainant and the complainant and the person are not married to each other.

I think your BS meter is spot-on.

[DemonWolf]

I can't look it up becaue I'm at work, but ageofconsent.com should have the law there.

AFAIK, penetration is a key element to defining rape. Without penetratiion, is becomes sexual assault of lewd behavior or some other crime. Also, Most laws make is a cirme for boy and girls, not just girls. For example the law might read, "It shall be punishable by two year imprisonment for any person over the age of 18 to be alone with a child under the age of 18 in any automobile after the hour of 10pm if that person is not that child's parent or legal gaurdian."

[Jahungo]

I grew up in Pennsylvania. There was no curfew time (at least none that was enforced in any way). The only curfew was for drivers with a junior license - that is, you had your license but could not legally drive after I believe 11 pm until some time in the morning.

[Buckle Up]

Originally Posted by Mosherette

My BS meter went off immediately...

There's no BS here. Of course he can be charged with statutory rape. But only if he commits a rape while in the car with her.

I'm not trying to be a smarta$$; just pointing out the weak semantics often used by people who know they are feeding us BS.

The old statutory rape law has been repealed, as noted, but in parts has been transferred to sections 3121 and 3122.1. While the old section number, 3122, has gone away, substantively, most of the contents have simply moved to the other sections and in the process has been clarified a bit.

I don't believe that there is any Commonwealth wide curfew, maybe something in title 75 regarding driver's license and driving - I did not check there - but otherwise I believe it is left up to the local governments. In Philadelphia there is a curfew (section 10-303 of the Phila. Code) setting weekday and weekend curfews for minors (13-18 and under 13). Never worked in Juvie, so I have no idea how often it is enforced.

For what it's worth, in my time working in the various court systems, I have never come across anything remotely resembling the situation in the OP.

[Graham2001]

Originally Posted by Mosherette

A discussion of the drinking age laws in the US at coffee break at work today brought up this little "fact", mentioned by a colleague who says hos brother lives in Pennsylvania. According to colleague's brother, if a man over the age of 18 is caught in a car with or accompanying a girl under the age of 18 after 10pm (the "curfew" time - and does that apply in Pennsylvania?) he "can" be charged with statutory rape.

My BS meter went off immediately...

Indeed, it sounds too much like a supposed Indiana Statutory Rape law that keeps turning up on various 'dumb law' lists:

"A man over 18 may be arrested for statutory rape if the passenger in his car is not wearing her socks and shoes and is under 17"

[Recklessmess]

Originally Posted by Graham2001

Indeed, it sounds too much like a supposed Indiana Statutory Rape law that keeps turning up on various 'dumb law' lists:

"A man over 18 may be arrested for statutory rape if the passenger in his car is not wearing her socks and shoes and is under 17"

The proper answer to anyone peddling or believing such BS would be that even if such a law did exist on the books and had never been repealed, such a law would fail under Constitutional scrutiny. However, Statutory Rape laws in many places cover a broader spectrum of activities due to the nature of the victim in these cases. As far as strict liability crimes go, this one can be the most unforgiving.

"But your honor, she showed me her license, the deed to her house, and her grad school diploma as proof of age!"