Abstract

No consensus exists upon the age below which sexual intercourse is thought to be inappropriate or what is an appropriate age difference between partners. Statutory rape laws which define the age of consent and often the age differences between 2 sex partners vary considerably among states. When the US statutory rape laws were first enacted in the 19th century the usual age of consent was 10 years. Now however the age of consent is 14-18 years but 16 years in most states. Most of the current laws are not gender specific. Data were used from Vital Statistics the National Maternal and Infant Health Survey and the 1995 National Survey of Family Growth to investigate the potential impact of statutory rape laws upon teen fertility and the initiation of sexual activity among female adolescents. Age differences between teen mothers and the fathers of their children were found to follow historic norms. The data indicate that were Pennsylvanias statutory rape law in effect nationwide in 1988 and if it had been completely effective in deterring sexual intercourse between young teens and older men 54% of births to 15 year olds in 1988 would not have occurred. However since most teenage births occur among older teens the law would have affected only 21% of births to 15-17 year olds and 8% of 15-19 year olds. Even then these estimates slightly exaggerate the number of births which would have been affected by the statute. Even were statutory rape laws successfully enforced the legislation would most likely not produce substantial reductions in teen childbearing.

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