Full question:
I live in Alaska with my husband and daughter who is 15 years old. Last week she confided in me that she was sexually abused by her father when she was alone at home. Can I file a complaint against him for rape?
- Category: Criminal
- Subcategory: Statutory Rape
- Date:
- State: Alaska
Answer:
In Alaska, statutory rape is when an adult has sex with another person below the age of 16, even if the sex is consensual. He/she shall be found guilty of second degree rape.Per Alaska Statutes § 11.41.436:
“(a) an offender commits the crime of sexual abuse of a minor in the second degree if,
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(3) being 18 years of age or older, the offender engages in sexual contact with a person who is under 18 years of age, and the offender is the victim's natural parent, stepparent, adopted parent, or legal guardian;
(4) ***
(5)***
(A) The victim at the time of the offense is residing in the same household as the offender and the offender has authority over the victim; or
(B) The offender occupies a position of authority in relation to the victim;
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(b) Sexual abuse of a minor in the second degree is a class B felony.”
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(3) being 18 years of age or older, the offender engages in sexual contact with a person who is under 18 years of age, and the offender is the victim's natural parent, stepparent, adopted parent, or legal guardian;
(4) ***
(5)***
(A) The victim at the time of the offense is residing in the same household as the offender and the offender has authority over the victim; or
(B) The offender occupies a position of authority in relation to the victim;
***
(b) Sexual abuse of a minor in the second degree is a class B felony.”
Therefore, you may file a complaint against your husband for sexually abusing your daughter.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
