Does Statutory Rape Law Apply When Both Parties to Non-Forcible Sex Acts Are Under 13 Years of Age?
Case Questions Identifying One Child As Perpetrator, Other as Victim
In re: D.B., a minor child, Case no. 2010-0240
5th District Court of Appeals (Licking County)
ISSUE: When two children who are both under the age of 13 engage in sexual activity with each other, and there is no finding of force or coercion, does a juvenile court violate the equal protection and due process clauses of the U.S. and Ohio Constitutions by charging one of the participants with statutory rape under R.C. 2907.02(A)(1)(b)?
