Sexual assault is legally defined as: any sexual contact, whether unwanted touching over or under clothing, or penetration, obtained through physical violence, threat of violence, manipulation, deception or coercion. Consent cannot be given in any of these circumstances. Tarr explained that there had been years of pressure to change Alaska`s 40-year-old sexual consent laws. Victim protection groups have been working with lawmakers on the exact wording of the new definition of consent, hoping there will be positive changes when the new law comes into effect. For a person to consent to participate in sexual activities of any kind, four conditions must be met: Sexual intercourse with a person who has not yet reached the legal age is a crime called legal rape. This is legal rape, even if the person seemed ready to have sex with you. The law is very specific on the illegal age. This crime is also known as sexual abuse of a minor. Keely Olson, executive director of Standing Together Against Rape, said this is important because the law in Alaska is now consistent with what is taught in schools. She said STAR had seen “heartbreaking” cases where a young person reported an attack, only to discover that what had happened was not technically illegal. If you believe you have violated Alaska`s age of consent law, you should seek legal advice immediately.
Violations of these laws will result in severe criminal and civil penalties. A defense lawyer can advise you on your rights and, if necessary, enthusiastically represent you in court. AGE (for Alaska Law): In Alaska, the age of consent is 16. At this age, the state has established that any person can legally consent to sexual activity (contact or penetration) with someone older than them, as long as that person is not in a position of authority (teachers, coaches, youth group leaders, all uniformed members, etc.). If the older person is in a position of authority, sexual activity is not legal until the younger person reaches the age of 18. No sexual activity under the age of 13 is legal in Alaska. At the age of 13-15 years, a person can accept, as long as the oldest partner is no more than 4 years old and does not occupy a position of authority. No, both men and women must be old enough to have sex. The penalty is equal for men and women when they are convicted of unlawful sexual conduct.
It does not matter whether the person accused of illegal sexual behaviour is a man or a woman, or whether the victim is a man or a woman. For example, if an 18-year-old has sex with a 15-year-old, sexual abuse was committed in the second degree, since the 15-year-old is under the age of consent and there is a 3-year age difference between them. However, if the 18-year-old had turned 17 instead, there would have been no crime. Similarly, if a 14-year-old has sex with a 17-year-old, a crime has been committed. However, if the 14-year-old had been 15, there would have been no crime. JUNEAU, Alaska (KTUU) — Alaska`s sexual consent laws are expected to be updated after a bill was unanimously passed by the Alaska legislature on the last day of the legislature. HB 325 also states that consent must be expressed “positively by word or deed.” Aside from Alaskan legal language, which provides for the above exceptions, there are no recognized exceptions to the age of consent. Skidmore said House Bill 325 took “a giant step” in strengthening the state`s sexual consent laws. Other changes have also been made: two people, both 16 years of age or older, can agree to have sex with each other. If a person involved in sexual relations is under the age of 16, Alaska law looks at the age difference to determine whether that person is legally capable of consenting to sex. “We`ve known for a long time that the definition of consent we currently have doesn`t work and doesn`t reflect what we consider sexual assault,” Tarr said. Sexual assault occurs whenever a person is forced into a sexual act.
However, violence does not always include physical violence. Violence can occur in a variety of ways, such as verbal threats, personal restraint, the use of a firearm, telling someone, the abuse of authority or the exploitation of a person who has not used drugs or alcohol, or who is under anesthesia and unable to consent to sexual relations. Similarly, a person with a cognitive or developmental disability who cannot make an informed decision about sex cannot give consent. “Age of consent” means the minimum age a person must be before the law deems them old enough to consent to sexual relations. It depends in part on the age of the other person. Sexual intercourse with a person under the age of consent is a very serious crime. If you are sexually active, be very sure of the other person`s age before having sex. In short, two people over the age of 16 can consent to sex in Alaska, but if one of the partners is under 16 and there is at least 3 years of age difference between the partners, it is illegal for them to have sex. Depending on the situation, Alaska`s close-to-age exemption may completely exempt qualified near-age couples from the Age of Consent Act or simply provide a legal defense that can be used in the event of a lawsuit.
It states that sexual consent “must be a voluntary, reversible agreement from a knowledgeable person specific to the behavior in question.” In general, it is still illegal to have sex with someone too young, even if you are together or if the person has lied about their age. You may not be guilty of illegal sexual activity if you can prove that you tried to determine the person`s age and that you really believed they were old enough to agree. But it is difficult to prove these things. It is better to avoid illegal sex than to try to avoid accusations of illegal sexual behavior. In Alaska, the age of consent law is unique. Instead of focusing on the age of one of the parties, it puts much more emphasis on the age difference between individuals. However, the minimum age for legal rape is 16. Child sexual abuse in Alaska is nearly six times higher than the national average ACTIVE: Consent must be present at all times and can be withdrawn at any time. Consent is required every time and for every sexual act. It has to involve verbal communication, not just body language – there has to be an existing “yes,” not just the absence of a “no.” “If someone says, `No, I don`t want to engage in this sexual act,` it`s not a crime,” Deputy Attorney General John Skidmore said at a news conference last Thursday.
“We need more than that today, in the laws we have.” You may experience immediate reactions of shock, denial, anger, fear, and disorientation. Your emotions can go from one extreme to the other. You may blame yourself, have a stomachache, or feel exhausted or anxious about being alone. Everything you feel is good. Everyone handles their emotions differently, you can mask or hide them or become expressive with crying, restlessness and so on. The process of resolving your feelings varies depending on your age, personality, and available support system. To learn more about how sexual assault affects a person`s neurobiology, watch this webinar. If you are sexually assaulted by a stranger or acquaintance, you are entitled to a sexual assault protection order. VOLUNTARY: Consent must be given voluntarily. Consent cannot be forced, manipulated, obtained by force or threat, or based on fear or deception. Here are your rights and options if you are sexually assaulted: If the age difference between the parties is less than 3 years, there is usually no criminal offence.
Under current Alaskan laws, there must be violence against someone or they must be unable to work for an unwanted sexual act to be considered assault.