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In South Dakota, it is illegal for an adult someone 18 or older to have sex with a minor someone younger than 16even if the sex is consensual. Those who break the law have committed statutory rape. Statutory rape laws are premised on the assumption that minors are incapable of giving informed consent to sexual activities.

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Their incapacity is written into the statute—hence the term, "statutory" rape. The age of consent can vary among states, and some states differentiate between consensual sex between minors who are close in age for example, two teenagers of the same ageas opposed to sex between a minor and a much older adult. Though statutory rape does not require that the prosecutor prove an assault, it is still rape. Of course, rape that does involve force or an assault is illegal in South Dakota and prosecuted as forcible rape. Assaults of a sexual nature may also be charged under the state's assault and battery or child enticement laws.

In South Dakota, statutory rape includes sexual penetration and contact between an adult and someone younger than The crime is broken into severalas explained below. First degree rape includes sexual penetration oral, genital, or anal sex or penetration, however slight between a minor who is younger than 13 years old and a defendant of any age. Fourth degree rape includes sexual penetration between a minor who is at least 13 years old but younger than 16 and a defendant who is at least three years older than the.

Sexual contact with younger than 16 includes sexual contact sexual touching, other than penetration, meant to arouse or gratify sexual desire between a minor younger than 16 and a defendant of who is 16 years of age or older.

If the victim was younger than 13, the offense is punishable South dakota that want sex South dakota a minimum of ten years in prison. State law requires that, in addition to the applicable fines and prison time, people convicted of certain sexual crimes including some instances of statutory rape must register as sex offenders. Defendants charged with statutory rape have the usual defenses available to all criminal defendants, such as "Someone else committed this crime," or "The alleged conduct did not occur. Named after Shakespeare's young lovers, "Romeo and Juliet" exceptions are intended to prevent serious criminal charges against teenagers who engage in consensual sex with others close to their own age.

In South Dakota, there is a limited Romeo and Juliet exemption for consensual sex between two minors who are both at least 13 years old and fewer than three years apart in age. This exception shields the minors from felony charges, but one or both of the minors may nonetheless be prosecuted for misdemeanor charges of sexual contact with younger than And sexual contact with under 13 is always a serious crime. A conviction for engaging in any sexual activity with a minor younger than 13 can result in ificant prison time and large fines.

Defendants accused of statutory rape often claim that they had no reason to know that their partner was underage. They may argue that the victim herself represented that she was older than she was, and that a reasonable person would have believed her.

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But even if this is true, a defendant cannot rely on a mistake of age —even a reasonable one—to avoid conviction in South Dakota. State v. Fulks83 S. If you are facing a statutory rape charge, consider consulting with an experienced criminal defense attorney who regularly practices in your area. The law can change at any time, and a lawyer can evaluate the strength of the prosecution's case against you and help develop any defenses that might apply to your case.

A lawyer can often negotiate with the prosecutor for a lesser charge or a reduction in penalties such as, for example, probation instead of prison time and will know how prosecutors and judges typically handle cases like yours. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service.

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Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Market Your Law Firm. Lawyer Directory. Call us at 1 Issue: search. South Dakota Statutory Rape Laws. Statutes governing South Dakota's age of consent, associated criminal charges, available defenses, and penalties for conviction.

South Dakota's Statutory Rape Laws and Potential Penalties In South Dakota, statutory rape includes sexual penetration and contact between an adult and someone younger than Getting Legal Guidance The information in this article provides an overview of the law relating to statutory rape.

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If you are trying to determine the legality of any kind of conduct, make sure to consult an experienced criminal defense attorney. The law is complex and changes regularly. Sex Offender Registration State law requires that, in addition to the applicable fines and prison time, people convicted of certain sexual crimes including some instances of statutory rape must register as sex offenders. Defenses to a Statutory Rape Charge in South Dakota Defendants charged with statutory rape have the usual defenses available to all criminal defendants, such as "Someone else committed this crime," or "The alleged conduct did not occur.

Mistake of Age Defendants accused of statutory rape often claim that they had no reason to know that their partner was underage.

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See a Lawyer If you are facing a statutory rape charge, consider consulting with an experienced criminal defense attorney who regularly practices in your area. Updated September 27, Talk to a Lawyer Need a lawyer? Start here. Practice Area Please select Zip Code. How it Works Briefly tell us about your case Provide your contact information Choose attorneys to contact you. Get Professional Help. How It Works Briefly tell us about your case Provide your contact information Choose attorneys to contact you.

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