Legal Aspects of Health Administration Case Study

Legal Aspects of Health Administration - Case Study Example State and federal laws had been amended in order to protect young teenagers from any attempt to violate their chastity by older men. Thus, modern laws have encompassed statutory rape as involving the sexual assault on girls aged 13 to 18 depending on state laws. In California, the statute provides that "it is illegal for any person to have consensual sex with any person who is under the age of 18" (California Penal Code Sec. 261.5). Thus, it is clear that the new age of consent is now 18 years. This is based on the assumption that girls below the age of 18 are not mature enough and thus are legally incapable of consenting to sexual intercourse. However peer sex or what they term as Romeo and Juliet Law, wherein minor couples engage in coitus or the sex act, is treated differently or is an exemption to the rule. Here, the male is penalized for the 'crime' of misdemeanor if the age gap between him and the 'victim' is not more than 3 years. If the age difference is more than 3 years, th e male could be charged for misdemeanor or felony ( California Penal Code 261.5(b). But the harshest penalty is reserved for culprits aged more than 21 years old. Other than the charge of misdemeanor or felony, the adult culprit has to face fines and civil penalties, which increase with the age gap between the minor and the culprit. The civil penalty may ... But the harshest penalty is reserved for culprits aged more than 21 years old. Other than the charge of misdemeanor or felony, the adult culprit has to face fines and civil penalties, which increase with the age gap between the minor and the culprit. The civilHealth Admin 3 penalty may reach $25,000 (US Department of Justice 2003, p.3) if the "perpetrator is over 21 years old and the minor is under 16" (Cal. Penal Code 261.5 (e)). And in such case, the Statute of Limitations is 3 years, meaning, the filing of a case in court must be done within 3 years from the knowledge of the statutory rape. It is also worthwhile to mention that in California, mistake of fact is allowed as a legal defense by the perpetrator. He may allege that he did the crime believing that his 'victim' is beyond the age of consent. A. 15 Year Old Sandra Anderson's Case In the case of Mrs. Anderson's daughter, Sandra, there is definitely statutory rape because Sandra is merely 15 years of age and statutory rape laws in California had set the age of consent at 18 years.Whether Sandra acceded to the lustful desires of her stepfather is of no moment because in statutory rape, the gravamen of the offense is the carnal knowledge of a girl below the age of minority. Whether Sandra consented to the sexual act is not an issue because statutory rape does not consider that kind of consent as voluntary i.e presuming Sandra consented. It further presumes that the offended party does not and cannot have a will of her own. The fact that it was Sandra's stepfather who

How can we explain Americas involvement in the Vietnam War. To what Essay

How can we explain Americas involvement in the Vietnam War. To what extent did America get it wrong, terribly wrong - Essay Example In the North, the Government of the Democratic Republic of Vietnam first proclaimed in September 1945, which the French had fought to suppress; in the south, the Government of the Emperor Bao Dai, which the French had sponsored. Both governments were committed to achieve the unity of the country. In the south, the chief minister Ngo Dinh Diem, the strongest figure in the government faced lots of difficulties because the gangster called as Binth Xuyen controlled the country side which was a total failure in the field of agriculture, communication and defence.Ngo Dinh diem defeated both Binh Xuyen, Bao Dai and proclaimed himself as president of the Republic of Vietnam on 26th Oct 1955.President Diem was greatly helped by United States and it disapproved of the Geneva agreement as a partial victory for the communists and was determined that they should make no further advance. In the last critical months of the Indo- China war, it had developed the view that the situation in the whole South East Asia was in danger of slipping under the pressure of the Soviet Union and China, that if the South Vietnamese or any other friendly government was allowed to fall to the communists, the others might fall down one by one. In the months following the Geneva agreement, the Eisenhower Administration took the basic decision to assist the South Vietnamese Government economically and to help it to build up its forces for internal security. On 8 Sep 1954, it led Australia, Britain, France, New Zealand, Pakistan, the Philippines and Thailand in the signature of the South East Asia Collective Defense Treaty. The "free territory under the jurisdiction of the state of Vietnam" together with Cambodia and Laos were designed in a protocol as coming under the provisions of the Treaty The final Declaration of the Geneva Conference had affirmed the unity of Vietnam and had envisaged the holding of general elections in July 1956. However, the South Vietnam Government had protested against the proceedings at Geneva and then proved to have no intention of holding elections jointly with the North. The wartime destruction was greater in North than in the South. The authority of Dang Lao Dong and the president Ho Chi Minh like they made local Mines, factories and industries were nationalized; those measures resented the people which led to execution and "suicides" in November 1956. When the quarrel between the Soviet Union and China developed in the late 1950 the North Vietnam reduced its dependence on them it was seen in their share of foreign aid had fallen from 65.3 to 19 percent in 1962.From 1956 onwards discontent with the rule of President Diem grew in the South. His manner of ruling, arbitrary arrests, censorship, suppression of dissent, were resented.Some economic progress was made but that was confined to the towns. In the countryside, broken land reform was implemented but it was too little. The communists were able to make use of this discontent. By the end of 1960, the South Vietnamese Government was faced with full scale insurgency, with the Communists in control o f the Mekang delta, the coastal provinces north-east of Saigon, and the highlands in Central Vietnam. Over the next