Teens, Sex and the Law Part 2- What if...

What if...
I'm almost 13 and my boyfriend is 16 and we agree to have oral sex?
The 16-year old would be committing aggravated rape and if convicted would be sentenced to life in jail.


I am 17 and my boyfriend is 3 years younger and he touches my gentiles?
You can be charged with sexual battery and could be sentenced up to 10 years in jail with no chance of probation or parole. 


My boyfriend likes to take sexy naked pictures of my with his cell phone? I am 15 and he is 17.
You can be charged with producing pornography and be sentenced up to 10 years in jail with no chance of probation or parole.


I am 17, and a 12-year old girl at my school keeps emailing me sexually explicit photos of herself and friends?
The 17-year old can be charged with possession of child porn and could be sentenced up to 99  years in jail, and if the photos are on the parents' computer, they could be charged also.


I am 17, and I text a 15-year old in my grade to see if she wants to have sex with a friend of ours?
You can be charged with committing computer-aided solicitation of a minor and could serve up to 10 years in jail.


My girlfriend and I, who are the same age, got really drunk and we had sex?
You can both be charged with simple rape if the other was too drunk to consent.


I am 19, and I have sex with my 15-year old girlfriend?
Even if the sex is consensual, the 19-year old can be charged with carnal knowledge and spent up to 10 years in jail.

Teens, Sex and the Law Program

Evidence informed, school-based training providing teens and their guardians with information to help them make educated decisions regarding relationships and sex.  Covers the following Louisiana laws regarding teen sexual activity as it pertains to consent, age, alcohol, internet, texting, sexting and pornography.

NO means NO at any age, but certain ages make yes illegal.
Know the facts before you do something you may regret for years to come.
Louisiana law defines the age of consent as 17 for most sex crimes.

• Any type of sexual activity without consent is ALWAYS a crime
• Aggravated Rape: Having any type of sex with someone under the age of 13, no matter your age
• Penalty: life in prison
• Felony Carnal Knowledge: If someone between 13-17 has sex (including oral sex) with someone over the age of 17 where the age difference is more than 4 years- even if the sex is consensual
• Penalty: up to 10 years in jail
• Misdemeanor Carnal Knowledge: When a person is 17 or older has consensual sex with a 13-16 year old- where the age difference is more than 2 years but less than 4 years
• Penalty: 6 months in jail
• Simple Rape: When intercourse is deemed to be without the lawful consent of the victim because it is committed when the victim is incapable of resisting or of understanding the nature of the act... produced by an intoxicating agent or any other cause
• Penalty: up to 25 years in prison
• Sexting: When someone under the age of 17 possesses or transmits indecent pictures of sexually explicit content of someone under 17 via ANY communication device
• Penalty is up to 6 months in prison + a minimum of 16 hours (and up to 80 hours) of community service
• Taking nude sexual pictures or movies of anyone under 17 is a crime.
• Pornography: Possession or taking of any photographs, films, videotapes, or other visual reproductions of any sexual performance 
• Penalty: 2-10 years in jail

Lack of knowledge of the juvenile's age is not a defense- no matter how old someone may act or look, the law only cares about their actual age.

This information is based on Louisiana Criminal law as of October 2011.

Executive Director of the NOCAC featured on FOX8 News

Talking to your children about child abuse: Stacie LeBlanc, Executive Director of the NOCAC at Children's Hospital and the Audrey Hepburn CARE Center, shares tips on talking to your children about child abuse and learning more about new mandatory reporting laws this morning on FOX8 News. 

Darkness to Light Training

The New Orleans Children's Advocacy Center is hosting a Darkness to Light training session on Thursday (6/28/2012) at 9 AM.

For more information on our event or to RSVP please call us at (504) 894-5484 or email us at nocac@chnola.org

Darkness to light is a an evidence based program for adults that seeks to protect children from sexual abuse by placing responsibility squarely on adult shoulders.  In light of the Sandusky trial Jolie Logan, president of Darkness to Light says "organizations must have policies requiring that anyone who sees something must report... Every adult needs to know the facts and know the signs, so they are more confident and empowered to speak up."
Darkness to light has 7 steps to preventing, recognizing and reacting responsibly to child sexual abuse:

1. Learn the facts and understand the risks: Realities-not trust-should influence your decisions regarding children
2. Minimize opportunity: If you eliminate or reduce one-adult/ one-child situations, you'll dramatically lower the risk of sexual abuse for children
3. Talk about it: Children often keep abuse a secret, but barriers can be broken down by talking openly about it
4. Stay alert: Don't expect obvious signs when a child is being sexually abused.  Signs are often there but you've got to spot them
5. Make a plan: Learn where to go, whom to call, and how to react
6. Act on suspicions: The future well being of a child is at stake
7. Get involved: Volunteer and financially support organizations that fight the tragedy of child sexual abuse

For more information on Darkness to Light please visit their website at www.d2l.org

How Penn State has Changed the Law

The Sandusky trial and what happened at Penn State have far reaching effects – effects that can influence your daily life in some very strong ways. When it was revealed that former Penn State assistant football coach Jerry Sandusky could have been arrested and reported years ago for his alleged child sexual abuse, many questions arose as to why the rest of the coaching staff and school administration did not officially report it to law enforcement authorities. However, regardless of their reasons for not reporting, these individuals were technically not required to report directly to law enforcement suspected acts of child sexual abuse according to Pennsylvania laws.

In response to these events, many state legislators around the country have seen it fit to increase the scope and severity of their mandatory reporting laws, Louisiana legislators included. On May 25, 2012, new laws on the reporting of child abuse were signed by the Governor of Louisiana. Here’s how they affect you.

Jerry Sandusky is currently on trial for 51 counts of child sexual abuse.

For Mandatory Reporters
In regards to the existing mandatory reporting laws, they have been expanded to include: bus drivers, coaches, professors, technical or vocational instructors/staff members, college and university administrators/staff members, as well as organizational or youth activity providers. The failure of mandatory reporters to report suspected sexual abuse or harsh physical abuse may lead to felony charges, imprisonment for up to 3 years, and/or fines up to $3,000. In addition, the new laws now hold mandatory reporters responsible for reporting at all times, not just while one is performing professional duties.

For the General Public
The new laws also stipulate that any individual aged 18 or older that witnesses an act of child sexual abuse and fails to report it immediately may be charged with a felony, imprisoned for 5 years, and/or fined up to $10,000. In all of these laws, the demand for immediate reporting is being taken very seriously by law enforcement officials. Quite recently, a principal in Louisiana was arrested for failing to report an incident of sex between two students until the next day.

Familiarize Yourself with Your New Responsibilities
For many individuals, these changes serve as an opportunity to understand both new and existing responsibilities. Failure to comply with these laws can have severe consequences for both yourself and the children around you; therefore, it is your duty to be informed on the issues and the laws. Take some time to look over the chart below for info on who is defined as a mandatory reporter. For more information, feel free to leave a comment, and we will do our best to respond and answer any questions you have!

An Introduction to the NOCAC

Welcome to the New Orleans Children's Advocacy Center's new blog! Thank you for checking us out. We will be posting upcoming events, exciting visitors at the center, and important updates on child abuse in New Orleans and around the country.
The NOCAC (New Orleans Children's Advocacy Center) is a safe environment for abused children and their non-offending parent during the investigative process.  The NOCAC is a place where healing starts and a child begins their journey to rise above their abuse.

Our child-friendly cottage adjacent to Audubon Park in Uptown New Orleans.