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51-708: Gell is a surname, and may refer to: Alan Gell , American sentenced to death for murder, released when trial evidence proven flawed Alfred Gell (1945–1997), British social anthropologist David Gell (born 1929), Canadian DJ and television presenter Edith Mary Gell (1866–1944), English writer and Christian activist Harry Dickson Gell (1845–1929), accountant in South Australia Heather Gell (1896–1988), daughter of Harry Dickson Gell, Australian kindergarten teacher, eurhythmics pioneer and broadcaster John Gell (disambiguation) Mary Gell (1894–1978),

102-524: A case-by-case basis. The Crown prosecution guidelines state "[I]t is not in the public interest to prosecute children who are of the same or similar age and understanding that engage in sexual activity, where the activity is truly consensual for both parties and there are no aggravating features, such as coercion or corruption." Northern Ireland follows a similar legal framework, under the Sexual Offences (Northern Ireland) Order 2008 . This act overhauled

153-463: A charge of sexual assault if all of the following apply; A similar affirmative defence exists in the Texas Penal Code for the related crime of "continuous sexual abuse of a young child or children". Any defence under either law, however, does not apply to the separate crime of "improper educator/student relationship" (sexual relations between a licensed teacher or school employee and a student of

204-486: A child under the age of 15, shall be punished by imprisonment for up to 8 years, unless the situation is covered by § 216 paragraph 2. In determining the penalty, it shall be an aggravating circumstance if the perpetrator has gained intercourse by exploiting their physical or mental superiority. Paragraph. 2. If the offender has gained intercourse by coercion or threats, the penalty may be increased to imprisonment for up to 12 years. The content of § 216 paragraph 2 specifies

255-468: A medical missionary Murray Gell-Mann (1929–2019), American Nobel Prize-winning physicist Philip Gell (disambiguation) Rob Gell (born 1952), Australian meteorologist and TV weather presenter William Gell (1777–1836), English archaeologist and illustrator See also [ edit ] Gell baronets Gel [REDACTED] Surname list This page lists people with the surname Gell . If an internal link intending to refer to

306-429: A minor past the age of puberty , and may therefore be distinguished from child sexual abuse. Sexual relations with a prepubescent child is typically treated as a more serious crime. In many jurisdictions, the age of consent is interpreted to mean mental or functional age. As a result, victims can be of any chronological age if their mental age makes them unable to consent to a sexual act. Consensual teenage sex

357-414: A minor, statutory rape laws aim to give the minor some protection against adults in a position of power over the youth. Another argument presented in defence of statutory rape laws relates to the difficulty in prosecuting rape (against a victim of any age) in the courtroom. Because forced sexual intercourse with a minor is considered a particularly heinous form of rape, these laws relieve the prosecution of

408-474: A minor. When police searched Jenkins' house after being notified of his death, they saw a baking pan of fish and an open container of wine coolers, indicating he had received guests earlier that day. They learned that he was seeing Crystal Morris, who was fifteen years old. She and her friend Shanna Hall, also 15, were very close at the time and often went to the Jenkins house to drink. They were initially suspects in

459-497: A shotgun on April 3. They testified during Gell's first trial in 1998 that Jenkins had invited them over for wine coolers. The state relied on Morris and Hall to testify against Gell in his trial. The girls testified that Hall had called Gell, asking him to come to Allen Jenkins' house to help Hall and Morris rob Jenkins. Gell was indicted August 7, 1995, on charges of first degree murder , conspiracy to commit murder , armed robbery , and conspiracy to commit armed robbery . He

510-456: A specific person led you to this page, you may wish to change that link by adding the person's given name (s) to the link. Retrieved from " https://en.wikipedia.org/w/index.php?title=Gell&oldid=1061667627 " Category : Surnames Hidden categories: Articles with short description Short description is different from Wikidata All set index articles Alan Gell The State Superior Court determined that

561-554: A walk. Jenkins was seen in Ahoskie on April 10 by a former coworker, a restaurant waitress, and a man who said he sold a dozen herring to Jenkins on that date. By Sidney Jenkins' account, his brother Allen Jenkins had a weakness for “underage girls”. Allen had been convicted in 1990 of statutory rape of a 14-year-old girl in Ahoskie, North Carolina . He was imprisoned for six months after pleading guilty to two counts of indecent liberties with

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612-469: Is common in the United States. A 1995 study revealed that 50% of U.S. teenagers have had sexual intercourse by the age of sixteen. It is estimated that there are more than 7 million incidents of statutory rape every year. However, it is clear that most incidents are not prosecuted and do not lead to arrests and convictions. Laws vary in their definitions of statutory rape. Statutory rape laws are based on

663-448: Is less than five years older, and sex with minors aged 12–13 is permitted if the partner is less than two years older. Other countries state that the sexual conduct with the minor is not to be punished if the partners are of a similar age and development: for instance, the age of consent in Finland is 16, but the law states that the act will not be punished if "there is no great difference in

714-413: Is nonforcible sexual activity in which one of the individuals is below the age of consent (the age required to legally consent to the behaviour). Although it usually refers to adults engaging in sexual contact with minors under the age of consent, it is a generic term, and very few jurisdictions use the actual term statutory rape in the language of statutes. In statutory rape, overt force or threat

765-558: Is usually not present. Statutory rape laws presume coercion because a minor or mentally disabled adult is legally incapable of giving consent to the act. Different jurisdictions use many different statutory terms for the crime, such as sexual assault , rape of a child , corruption of a minor , unlawful sex with a minor , carnal knowledge of a minor , sexual battery , or simply carnal knowledge . The terms child sexual abuse or child molestation may also be used, but statutory rape generally refers to sex between an adult and

816-572: The 1990s. Until the late 1970s, sex involving an adult female and an underage male was often ignored by the law, due to the belief that it often constitutes sexual initiation of the younger male. This view still exists in modern times, as there is a gender bias in courts on teacher–student sexual relationships resulting in far lesser punishment of female offenders. In 2005, the Office of Juvenile Justice and Delinquency Prevention estimated that five per cent of statutory rape victims were male, and that 94% of

867-514: The 1995 Gell trial had been ruled unconstitutional by the US Supreme Court in Brady v. Maryland (1963). The North Carolina legislature strengthened its protection of defendants by passing a law that requires prosecutors in all felony cases to "share their entire file with defendants, a change designed to prevent the misconduct that put Gell on death row." Gell's attorneys filed a civil suit against

918-417: The ages or the mental and physical maturity of the persons involved". Another approach takes the form of a stipulation that sexual intercourse between a minor and an adult is legal under the condition that the latter does not exceed a certain age. In Slovenia , the age of consent is 15, but the activity is only deemed criminal if there is "a marked discrepancy between the maturity of the perpetrator and that of

969-405: The burden to prove lack of consent. This makes conviction more frequent in cases involving minors. The original purpose of statutory rape laws was to protect young, unwed females from males who might impregnate them and not take responsibility by providing support for the child. In the past, the solution to such problems was often a shotgun wedding , a forced marriage called for by the parents of

1020-401: The case of a 15-year-old male victim and a 34-year-old female perpetrator where the sexual assault resulted in the birth of a child. When questioned, the male victim stated that the sex was "a mutually agreeable act". The 34-year-old perpetrator was prosecuted and convicted of unlawful sex with a minor. However, the lawsuit in question demanded child support from the male victim for the child who

1071-508: The child consented to this act is irrelevant". The term rape is used with regard to children under 13; consensual sexual penetration of a child above 13 but under 16 is defined as sexual activity with a child , and punished less severely (section 9, which requires the perpetrator to be 18 or over). A minor can also be guilty of sexual contact with another minor (section 13), but the explanatory notes state that decisions whether to prosecute in cases where both parties are minors are to be taken on

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1122-573: The court that, during this revised period of two weeks in early April when the crime was likely committed, Gell had been out of state or serving a sentence in jail after having been arrested for stealing a car. The State Superior Court overturned his conviction and remanded the case to the Bertie County Superior Court, ordering a new trial for Gell. The second trial went to the jury for a verdict on February 18, 2004. They had heard evidence that 17 eyewitnesses saw Jenkins after April 3, which

1173-475: The girl in question. This rationale aims to preserve the marriageability of the girl and to prevent unwanted teenage pregnancy . Historically, a man could defend himself against statutory rape charges by proving that his victim was already sexually experienced prior to their encounter (and thus not subject to being corrupted by the defendant). A requirement that the victim be "of previously chaste character" remained in effect in some U.S. states until as late as

1224-484: The legal framework of the Sexual Offences Act 2003 differentiates between sexual contact with children under 13 , and sexual contact with those at least 13 but under 16 . Sexual penetration of a child under 13 is termed rape of a child under 13 , an offence created by section 5 of the act, which reads: (1) Rape of a child under 13 A person commits an offence if— The explanatory notes read: "Whether or not

1275-553: The murder and were charged with first-degree murder. When the police questioned them after Jenkins' death, Hall and Morris showed officers where Gell had allegedly hidden the guns used in the shooting. Their accounts changed several times and they implicated Gell, Hall's boyfriend, in the murder. The prosecutor offered each of them a plea deal in exchange for testifying against Gell at trial. They each pleaded guilty to second-degree murder and were sentenced to ten years in prison. Both testified that they saw Gell shooting Jenkins with

1326-471: The other party was over the age of consent). This has led to the release of persons held under the statutory rape law and has led to public demands that the law be changed by emergency legislation being enacted. On 2 June 2006 the Irish Supreme Court upheld an appeal by the state against the release of one such person, "Mr A". Mr A was rearrested shortly afterwards to continue serving his sentence. In

1377-464: The penalty can be increased to 12 years, if the child is under the age of 12. In Italy the age of consent is 14. A Romeo and Juliet rule applies for an age difference of one year. However, if the older person has a position of authority over the younger, such as a relative, teacher, parish priest, or doctor, the age of consent is 16. Note on marriage; Notes on the Dutch law; For England and Wales ,

1428-425: The penalty of the crime in cases where the couple's age difference is minor and the sexual contact would not have been rape if both partners were legally able to give consent. Such laws vary, but can include: Such laws generally apply to a couple whose ages differ by less than a specified number of years. They are, however, generally unavailable in any case where the older participant has an authoritative position over

1479-623: The perpetrators in these cases were female; 73% of the female perpetrators were aged 21 or over, while 76% of the male victims were aged 15 or younger. A 2006 review of scientific research found that the majority of men who had sex with women as underaged boys hold a positive reaction about the relationship, with a third of them being neutral and less than 5% being negative toward it. However, these men expressed slightly higher levels of psychological distress than men who had not had these experiences. The authors suggested that societal views may disincline men from recognising negative or abusive elements of

1530-424: The person who has reached the age of consent is guilty of statutory rape. In some jurisdictions, if two minors have sex with each other, they are both guilty of engaging in unlawful sex with the other person. The act itself is prima facie evidence of guilt when one participant is incapable of legally consenting. Many jurisdictions have passed so-called "Romeo and Juliet laws" which serve to reduce or eliminate

1581-674: The police withheld eyewitness information from the forensic pathologist , Dr. Mary Garvin Fransioli Gilliland, which affected her estimate of the date of death. Gilliland said that, if the prosecutors had told her about the numerous sightings of Jenkins by eyewitnesses on April 8 and April 9, she would have predicted that Jenkins had died closer to April 14 than to the date of April 3, which she had testified to in Gell's trial. Prosecutors had recorded more than 17 sightings of Jenkins by witnesses that took place after April 3. The defense also told

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1632-409: The premise that an individual is legally incapable of consenting to sexual intercourse until that person reaches a certain age. The law mandates that even if he or she willingly engages in sexual intercourse, the sex is not consensual. Another rationale comes from the fact that minors are generally economically, socially, and legally unequal to adults. By making it illegal for an adult to have sex with

1683-409: The prosecution had withheld significant exculpatory evidence and impeachment evidence in the first trial. It overturned the conviction in 2002, and remanded the case to the lower court for a new trial. Gell was acquitted in 2004 in his second trial and freed from prison, receiving a full exoneration that year. As a result of this case, the state legislature passed a law affecting every felony case in

1734-424: The relationships. In contrast, women who were involved with adult men when they were underage mostly had negative reactions once they left the relationship, seeing them as sexual deviants who could not find willing same-age partners and who instead exploited young girls. U.S. courts have held that male victims of statutory rape are liable for child support for any children resulting from the crime, uniformly taking

1785-407: The same school), or for "aggravated sexual assault" (the forcible rape statute of Texas law). Some countries other than the United States also have Romeo and Juliet laws. Ireland's 2006 law has been contested because it treats girls differently from boys. In Canada , the age of consent is normally 16, but there are two close-in-age exemptions: sex with minors aged 14–15 is permitted if the partner

1836-547: The same sex. For example, in the US state of Kansas , if someone 18 or older has sex with a minor no more than four years younger, a Romeo and Juliet law limits the penalty substantially. As written, however, this law did not apply to same-sex couples, leaving them subject to higher penalties than opposite-sex couples for the same offence. This resulted in higher statutory rape convictions, larger fines, and sex offender registration for teens involved in same-sex statutory rape. The Kansas law

1887-647: The sexual offences laws in Northern Ireland, and fixed the age of consent at 16 in line with the rest of the UK; prior to this act it was 17. In Scotland, the Sexual Offences (Scotland) Act 2009 also fixes an age of consent of 16, and is also two-tiered, treating children under 13 differently than children 13–15. Section 18, rape of a young child , applies to children under 13. Before the enactment of this act, Scotland had very few statutory sexual offences, with most of its sexual legislation being defined at common law , which

1938-440: The state and SBI insurers paid a civil suit settlement of $ 3.9 million to Gell over his 1998 wrongful conviction for murder and years of imprisonment on death row. Gell's parents divorced when he was young. His mother Jeannette remarried, to Joel Johnson, with whom she had a daughter Frankie. Gell got into trouble as a youth, smoking marijuana and using cocaine, and selling cocaine to support his habit. Allen Ray Jenkins, age 56,

1989-574: The state for wrongful conviction and imprisonment. In 2009 the state and the SBI insurers settled with Gell, paying him $ 3.9 million. After his release in 2011, Gell developed a relationship with a former friend. He and Angel Wilson married in February 2015, combining their families. She is an accountant with a college degree and has full custody of her four children from a previous marriage. Statutory rape In common law jurisdictions, statutory rape

2040-409: The state; it requires "prosecutors to share their entire file with defendants, a change designed to prevent the misconduct that put Gell on death row." Gell struggled to build his life after he gained freedom, even as he became a spokesman for the anti-death penalty movement. He was charged with statutory rape and possession of cocaine in 2006; he pleaded guilty and was sentenced to five years. In 2009

2091-496: The victim". While there is broad support for the concept of statutory rape as criminal in the United States, there is substantial debate on how vigorously such cases should be pursued and under what circumstances. In May 2006, the Irish Supreme Court found the existing statutory rape laws to have been unconstitutional , since they prevented the defendant from entering a defence (e.g., that he had reasonably believed that

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2142-460: The view that the criminal act of the mother is irrelevant to a child support obligation. In many cases, the boys were not characterised as victims, but as willing participants. Courts often rely on the consent of the victim to the sexual intercourse when imposing child support orders, even though within the context of statutory rape prosecutions minors are deemed legally incapable of giving consent. County of San Luis Obispo v. Nathaniel J. examined

2193-425: The younger regardless of relative age, such as a teacher/student, coach/player or guardian/ward relationship, or if any physical force was used or serious physical injury resulted. This is normally accomplished by making acts involving these circumstances separate crimes to which the "Romeo and Juliet" defence does not apply. An example is Texas Penal Code , Section 22.011(e). It provides an affirmative defence to

2244-421: Was born. The court found that the boy was "not an innocent victim", and had responsibilities to the child despite the fact that he had been the victim of a sexual assault and had not been of the age of consent. The court ruled that the victim would be responsible for child support once he reached the age of majority . In some jurisdictions, relationships between adults and minors are penalised more when both are

2295-406: Was charged with the statutory rape of a former girlfriend (who was 15 years old when she got pregnant by him) and possession of cocaine . He pleaded guilty and was sentenced to five years in prison. Gell apologized to the judge and to Harris and her mother. He committed to helping raise the son he had with Harris. The former girlfriend, Olivia Harris, age 17 at the time of Gell's trial, said, "It

2346-541: Was consensual, it was a relationship, and I was two months from being 16 [the age of sexual consent for a young woman in North Carolina] when I got pregnant. I think it's bullcrap. The only reason they're doing it is for all these things that happened years ago." The Gell appeals, second trial, and 2004 acquittal for the Jenkins murder, attracted media attention across the state and nationally. Such prosecutorial misconduct of suppressing exculpatory evidence as took place in

2397-431: Was convicted at a 1998 jury trial and sentenced to death by Bertie County Superior Court for the crime of first degree murder later that same year. While on death row, Gell appealed his conviction; it was denied in 1998 by the state appeals court. But in 2002 his attorneys gained a hearing by a State Superior Court judge after arguing that prosecutors had withheld key evidence in the case. The defense alleged that

2448-522: Was found dead on April 14, 1995, in his home in Aulander, North Carolina . He had been shot twice in the chest with a shotgun. In the days and weeks after the murder, the police talked to several disinterested witnesses who said they had seen Jenkins alive as late as April 10. Jenkins' brother, Sidney Jenkins, as well as his neighbor, Mary Hunt, recalled seeing him on April 8, 1995. Edward and Margaret Adams reported seeing Jenkins on April 9, 1995, while out for

2499-414: Was increasingly seen as a problem in particular for the issue of consent. The creation of a two-tier age limit was deemed very important during the drafting of the act. Often, teenage couples engage in sexual conduct as part of an intimate relationship. This may occur before either participant has reached the age of consent, or after one has but the other has not. In the latter case, in most jurisdictions,

2550-1022: Was successfully challenged as being in conflict with the U.S. Supreme Court rulings Lawrence v. Texas and Romer v. Evans . The Lawrence precedent did not directly address equal protection , but its application in the case of State v. Limon (2005) invalidated age of consent laws that discriminate based on sexual orientation in Kansas. The law reads in Danish: § 222. Den, som har samleje med et barn under 15 år, straffes med fængsel indtil 8 år, medmindre forholdet er omfattet af § 216, stk. 2. Ved fastsættelse af straffen skal det indgå som en skærpende omstændighed, at gerningsmanden har skaffet sig samlejet ved udnyttelse af sin fysiske eller psykiske overlegenhed. Stk. 2. Har gerningsmanden skaffet sig samlejet ved tvang eller fremsættelse af trusler, kan straffen stige til fængsel indtil 12 år. Which translates roughly to: § 222. One who has sexual intercourse with

2601-650: Was the date that prosecutors said Gell killed him. In addition, they heard a tape recording by Crystal Morris saying that she had to make up a story to tell the police. Jurors deliberated 2½ hours before returning a verdict of not guilty and acquitting Gell of the 1995 murder of Allen Ray Jenkins. Gell is the 113th person (as of November 29, 2010) to be freed from death row in the United States. Gell struggled in his life after having been in prison for several years. He went to community college but dropped out. He became an anti-death penalty activist, speaking out about this cause. He had messy relationships. In April 2006, Gell

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