The boyfriend of my niece sexually assaulted my 15-year old daughter by the use of force as she entered the restroom. How can he be prosecuted under Vermont's sexual assault statute?
The boyfriend of my niece sexually assaulted my 15-year old daughter by the use of force as she entered the restroom. How can he be prosecuted under Vermont's sexual assault statute?
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Answer:
Vermont's sexual assault statute states that an individual who 1) takes part in a sexual act with another individual and forces him or her to engage in such an act without the latter's consent or 2) by menacing or coercing him or her or 3) by putting him or her in fear that any individual will suffer imminent bodily harm or 4) the other individual is under 16 years of age shall be fined not more than $10,000, imprisoned for not more than 20 years, or both. Compulsion may be proven by simply showing a lack of consent. The law views children under the age of 16 as unable to give effective consent. Your niece's boyfriend may also be charged with statutory rape, which imposes strict criminal liability on an individual who engages in sexual contact with a child who is under 16 years of age. An exception is carved out for a defendant who is under 19 years of age and engaged in a consensual sexual act with a child who is at least 15 years of age.
Posted by Frank Rivero on 13 May 2010