In which situation does second degree rape occur?

In which situation does second degree rape occur?

• A. Intercourse with a person under 12 regardless of age difference
• B. Intercourse with a person between 12-16 where the actor is at least 2 years older
• C. Intercourse with a person of the same age
• D. Intercourse that is consensual between two underage individuals

Answer: (B)

Second degree rape typically involves situations where there is a significant age difference between individuals, especially when one party is considered a minor. In the context of the question, second degree rape occurs when an individual engages in sexual intercourse with a person between the ages of 12 and 16, and the actor is at least 2 years older than the minor. This legal framework is designed to protect younger individuals who may not have the legal capacity to consent to sexual activities with someone significantly older, thereby recognizing the power imbalance and potential exploitation in such relationships. Other scenarios, like engaging in intercourse with a person under 12, generally fall under different legal classifications that warrant more severe charges due to the extreme vulnerability of the victim. Intercourse between parties of the same age or consensual acts between two underage individuals may not meet the criteria for second degree rape as defined by law, focusing instead on age disparities and the ability to consent.

Second degree rape typically involves situations where there is a significant age difference between individuals, especially when one party is considered a minor. In the context of the question, second degree rape occurs when an individual engages in sexual intercourse with a person between the ages of 12 and 16, and the actor is at least 2 years older than the minor. This legal framework is designed to protect younger individuals who may not have the legal capacity to consent to sexual activities with someone significantly older, thereby recognizing the power imbalance and potential exploitation in such relationships.

Other scenarios, like engaging in intercourse with a person under 12, generally fall under different legal classifications that warrant more severe charges due to the extreme vulnerability of the victim. Intercourse between parties of the same age or consensual acts between two underage individuals may not meet the criteria for second degree rape as defined by law, focusing instead on age disparities and the ability to consent.