Age of Consent Questions for Arkansas

Q&A on statutory rape laws, age of consent laws, sexual assault laws for Arkansas. Ask your Question

14 yr old daughter,,brother-in-law had sex

:: March 16, 2009 14:07

my daughter was at her uncles house an they had sex,,he said she started it,,,i filled charges. now they say there r only goin to charged him with sexualy assult fourth degree.Is that all he can get charged with?She was 14 at the time he was 32.

There is really no way we can answer this question responsibly other than to say, it is ultimately up to the prosecuting attorney in your jurisdiction to determine the charges filed against the defendant based on details and evidence in the case. A prosecuting attorney’s main goal is to win a conviction in court; or, gain a guilty plea through an acceptable plea agreement with the defendant and the defendant’s attorney. These cases can be difficult to win depending on the details of the case, evidence, reliability of witnesses, etc… Ultimately any plea arrangements that are made must be acceptable to the court. The judge has the final word on sentencing in accordance with maximum penalties allowed by law for the charges a defendant is convicted on.

can he be charged

:: August 08, 2008 21:44

My 16y/o daughter has been staying with my brother in-law and sister in Arkansas to help with babysitting. My brother in-law has admitted to fondling/kissing my 16 y/o daughter who has now been removed from this situation and is back home with me in NY. Is there any prosecution or legal avenues that I can pursue. If it makes any difference, the brother in-law is 34 and a Doctor in the state. Thanks.

Your best course of action would be to contact the District Attorney's office, also known as the Prosecuting Attorney, in the jurisdiction where this took place and ask these questions. Under Arkansas code, the age a person can legally consent to sexual contact is 16; however, it the age is 18 in situations where the perpetrator is a "guardian" or in a position of authority. It would be up to a District Attorney to determine if a case could be filed under current statute. There may also be issues of professional ethics depending on his field or position as doctor.

SEXUAL ASSAULT IN THE FORTH DEGREE

:: February 13, 2008 19:35

my husband is charged with sexual assault in the foruth degree and he was on parole at the same time and i was wanting to know how long could he get charged for?

The sentencing guidelines are fairly broad in Arkansas and the guidelines for felonies have ten levels of seriousness and are weighed on a point scale based on prior criminal history, among other things. Fourth degree sexual assault can be charged as a misdemeanor for "Sexual Contact" or a felony for "Sexual Intercourse" with a minor less than 16 years of age. Without knowing the history or the current class being charged, it would be very difficult to even estimate a time frame for sentencing. Ultimately, this will be up to a judge and any guess I make could be way off base. I am Sorry I couldn't be of more help.

29 YR. OLD WOMANWITH 16 YR. OLD GUY

:: December 07, 2007 09:38

IS THERE A LAW AGAINST A 29 YR. OLD AUNT THRU MARRIAGE ENGAGING IN SEX WITH 16 YR. OLD NEPHEW (THRU MARRIAGE-NO BLOOD RELATION)

Among other "Family Abuse" related statutes, the 29 year old Aunt could be subject to charged under Arkansas Criminal Sexual offense statutes: Below are "partials" of the statutes. Go to Arkansas Code at http://www.arkleg.state.ar.us/ Arkansas 86th General Assembly for full length versions.

Title 5 Subtitle 2 Chapter 14 Sexual Offenses 5-14-103. Rape.
(a) A person commits rape if he or she engages in sexual intercourse or deviate sexual activity with another person: (4) (A) Who is less than eighteen (18) years of age and the actor is the victim's: (i) Guardian; (ii) Uncle, aunt, grandparent, step-grandparent, or grandparent by adoption; (iii) Brother or sister of the whole or half blood or by adoption; or (iv) Nephew, niece, or first cousin. (B) It is an affirmative defense to a prosecution under subdivision (a)(4)(A) of this section that the actor was not more than three (3) years older than the victim. (b) It is no defense to a prosecution under subdivisions (a)(3) or (4) of this section that the victim consented to the conduct. (c) (1) Rape is a Class Y felony.
5-14-110 Sexual indecency with a child
(4) With the purpose to arouse or gratify his or her sexual desire or a sexual desire of another person, a person who is eighteen (18) years of age or older: (A) Causes or coerces another person who is less than eighteen (18) years of age to expose his or her sex organs to another person; and (B) (i) Is employed with the Department of Correction, Department of Community Correction, any city or county jail, or any juvenile detention facility, and the minor is in custody at a facility operated by the agency or contractor employing the actor; (ii) Is a professional under § 12-12-507(b) and is in a position of trust or authority over the minor; or (iii) Is the minor's guardian, an employee in the minor's school or school district, a temporary caretaker, or a person in a position of trust or authority over the minor; Class D Felony
5-14-127. Sexual assault in the fourth degree.
(a) A person commits sexual assault in the fourth degree if the person: (1) Being twenty (20) years of age or older, engages in sexual intercourse or deviate sexual activity with another person who is: (A) Less than sixteen (16) years of age; and (B) Not the person's spouse; or (2) Engages in sexual contact with another person who is: (A) Less than sixteen (16) years of age; and (B) Not the person's spouse. (b) (1) Sexual assault in the fourth degree under subdivision (a)(1) of this section is a Class D felony. (2) Sexual assault in the fourth degree under subdivision (a)(2) of this section is a Class A misdemeanor if the person engages only in sexual contact with another person as described in subdivision (a)(2) of this section.

18 year old and 15 year old

:: November 09, 2007 05:14

what are the age restrictions/limitations considered in inappropriate contact between two teenagers? the young man is 18 years old and the young lady is 15 years old. is there any legal restrictions when there is no formal consent by parents of the teenage girl?

The young man is legally an adult in the state of Arkansas. The laws regarding statutory rape are below as well as the "Definitions" of specific terms in the law such as, "Sexual Contact". There is some lattitude within the law as it relates to teens age 18 and 19 (by exclusion in statute 5-14-127 below) and this situation may not be handled as a "criminal" matter but possibly a cite able offense or an infraction. The best way to find out at your local level is to visit the local authorities and report what is happening. The 15 year old is still a minor; her care, welfare and control are the responsibility of the parents which gives them legal authority over her until she is 18 years of age. The 18 year old is a legal adult and is held accountable to the adult criminal justice system.

5-14-101. Definitions.
As used in this chapter: (1) “Deviate sexual activity” means any act of sexual gratification involving: (A) The penetration, however slight, of the anus or mouth of a person by the penis of another person; or (B) The penetration, however slight, of the labia majora or anus of a person by any body member or foreign instrument manipulated by another person; (2) “Forcible compulsion” means physical force or a threat, express or implied, of death or physical injury to or kidnapping of any person; (3) “Guardian” means a parent, stepparent, legal guardian, legal custodian, foster parent, or any person who by virtue of a living arrangement is placed in an apparent position of power or authority over a minor; (4) (A) “Mentally defective” means that a person suffers from a mental disease or defect that renders the person: (i) Incapable of understanding the nature and consequences of a sexual act; or (ii) Unaware a sexual act is occurring. (B) A determination that a person is mentally defective shall not be based solely on the person's intelligence quotient; (5) “Mentally incapacitated” means that a person is temporarily incapable of appreciating or controlling the person's conduct as a result of the influence of a controlled or intoxicating substance: (A) Administered to the person without the person's consent; or (B) That renders the person unaware a sexual act is occurring; (6) “Physically helpless” means that a person is: (A) Unconscious; (B) Physically unable to communicate a lack of consent; or (C) Rendered unaware a sexual act is occurring; (7) “Public place” means a publicly or privately owned place to which the public or a substantial number of people have access; (8) “Public view” means observable or likely to be observed by a person in a public place; (9) “Sexual contact” means any act of sexual gratification involving the touching, directly or through clothing, of the sex organs, buttocks, or anus of a person or the breast of a female; and (10) “Sexual intercourse” means penetration, however slight, of the labia majora by a penis. History. Acts 1975, No. 280, § 1801; 1985, No. 327, § 1; 1985, No. 563, § 1; A.S.A. 1947, § 41-1801; Acts 1995, No. 525, § 1; 2001, No. 1724, § 1.
5-14-127. Sexual assault in the fourth degree.
(a) A person commits sexual assault in the fourth degree if the person:    (1) Being twenty (20) years of age or older, engages in sexual intercourse or deviate sexual activity with another person who is:      (A) Less than sixteen (16) years of age; and      (B) Not the person's spouse; or    (2) Engages in sexual contact with another person who is:      (A) Less than sixteen (16) years of age; and      (B) Not the person's spouse. (b)   (1) Sexual assault in the fourth degree under subdivision (a)(1) of this section is a Class D felony.     (2) Sexual assault in the fourth degree under subdivision (a)(2) of this section is a Class A misdemeanor if the person engages only in sexual contact with another person as described in subdivision (a)(2) of this section. History. Acts 2001, No. 1738, § 5; 2003, No. 1325, § 1.
5-14-110. Sexual indecency with a child.
(a) A person commits sexual indecency with a child if:    (1) Being eighteen (18) years of age or older, the person solicits another person who is less than fifteen (15) years of age or who is represented to be less than fifteen (15) years of age to engage in:      (A) Sexual intercourse;      (B) Deviate sexual activity; or      (C) Sexual contact;    (2)  (A) With the purpose to arouse or gratify a sexual desire of himself or herself or a sexual desire of any other person, the person purposely exposes his or her sex organs to another person who is less than fifteen (15) years of age.      (B) It is an affirmative defense to a prosecution under subdivision (a)(2)(A) of this section if the person is within three (3) years of age of the victim; or    (3) With the purpose to arouse or gratify a sexual desire of himself or herself or a sexual desire of any other person, the person purposely exposes his or her sex organs to another person who is less than eighteen (18) years of age, and the actor is:      (A) Employed with the Department of Correction, Department of Community Correction, any city or county jail, or any juvenile detention facility, and the minor is in custody at a facility operated by the agency or contractor employing the actor;      (B) A professional under § 12-12-507(b) and is in a position of trust or authority over the minor; or      (C) The minor's guardian, an employee in the minor's school or school district, a temporary caretaker, or a person in a position of trust and authority over the minor;    (4) With the purpose to arouse or gratify his or her sexual desire or a sexual desire of another person, a person who is eighteen (18) years of age or older:      (A) Causes or coerces another person who is less than eighteen (18) years of age to expose his or her sex organs to another person; and      (B) (i) Is employed with the Department of Correction, Department of Community Correction, any city or county jail, or any juvenile detention facility, and the minor is in custody at a facility operated by the agency or contractor employing the actor;        (ii) Is a professional under § 12-12-507(b) and is in a position of trust or authority over the minor; or        (iii) Is the minor's guardian, an employee in the minor's school or school district, a temporary caretaker, or a person in a position of trust or authority over the minor; or    (5) Being eighteen (18) years of age or older, the person causes or coerces another person who is less than fourteen (14) years of age to expose his or her sex organs or the breast of a female with the purpose to arouse or gratify a sexual desire of himself, herself, or another person. (b) Sexual indecency with a child is a Class D felony. History. Acts 1975, No. 280, § 1810; A.S.A. 1947, § 41-1810; Acts 1995, No. 550, § 1; 2001, No. 1821, § 1; 2005, No. 1993, § 1; 2007, No. 531, § 1.

Statute of limitations for Statutory Rape?

:: July 07, 2007 10:42

What is the statute of limitation in this state for statutory rape/child molestation?

Criminal Prosecutions Citation: Ann. Code § 5-1-109
The statute of limitations for rape may extend for a period of 15 years, during which time a claim may be filed if it is based on DNA testing. The statute of limitations for certain offenses extends if the offense occurred against a minor, the offense was not previously reported to the police or prosecuting attorney, and the applicable limitations period had not expired since the minor reached 18 years of age. The offenses included are:
  • Battery in the 1st and 2nd degree
  • Aggravated assault
  • Kidnapping
  • Sexual assault in the 1st to 4th degree
  • Incest
  • Endangering the welfare of a minor in the 1st degree
  • Permitting child abuse
  • Engaging children in sexually explicit conduct for use in visual/print medium
  • Transportation of minors for prohibited sexual conduct
  • Use of a child or consent to use a child in sexual performance
  • Producing or directing sexual performance by a child
  • Computer child pornography
  • Computer exploitation of a child in the 1st degree
Generally, the following statutes of limitations apply:
  • For a class A or class Y felony, it is a period of 6 years.
  • For a class B, class C, class D, or unclassified felony, it is a period of 3 years.
  • For a misdemeanor, it is a period of 1 year.
Civil Actions limitation: Code §§ 16-56-116; 16-56-130
  • The statute of limitations extends for a minor entitled to bring a claim for a period within 3 years after he or she reaches 21 years of age.
  • The statute of limitations for a claim based on sexual abuse against a minor that is not discovered by the minor until after he or she reaches 18 years of age extends for a period within 3 years after he or she discovers the sexual abuse.

statutory rape laws

:: September 14, 2006 21:30

if a 19 year old has sex with a 17 year old is that considered statutory rape ?

In Arkansas law the term "Statutory Rape" is not used. a) A person commits sexual assault in the fourth degree if the person: (1) Being twenty (20) years of age or older, engages in sexual intercourse or deviate sexual activity with another person who is: (A) Less than sixteen (16) years of age; and (B) Not the person's spouse; or (2) Engages in sexual contact with another person who is: (A) Less than sixteen (16) years of age; and (B) Not the person's spouse. (b)(1) Sexual assault in the fourth degree under subdivision (a)(1) of this section is a Class D felony.