New Federal Bill Eliminates Consent Defense for Sexual Abuse Victims Under 16, Strengthens Kidnapping Laws

The aptly named Strengthening Child Exploitation Enforcement Act is a serious piece of legislation focused entirely on tightening up federal criminal law regarding minors. It’s not about funding or new programs; it’s about closing loopholes and making sure the penalties for exploiting kids actually stick and match the severity of the crime. For anyone who cares about protecting children, this bill spells out several significant, immediate changes to Title 18 of the U.S. Code.

Closing the 'Consent' Loophole for Young Victims

This is perhaps the biggest change and one that directly impacts how these cases are prosecuted. Under the new rule, if a sexual abuse offense involves a victim under the age of 16, the offender generally cannot claim the victim consented. That defense is off the table, period. There is one narrow exception: the offender can try to prove, with a heavy burden of evidence (a “preponderance of the evidence”), that they genuinely and reasonably believed the victim was 16 or older. This is a massive shift away from defenses that often victim-blame, making it much harder for predators to escape conviction by claiming the victim was a willing participant.

New Federal Crime for Intentional Touching

The bill establishes a brand-new federal crime covering specific intentional touching of a minor under U.S. jurisdiction (like on federal land or a military base). It targets situations where someone knowingly causes non-consensual, intentional touching of a minor’s genitals (not through clothing) with the intent to abuse, humiliate, or sexually arouse. Crucially, the penalty for this new crime will be the same as if the offender had completed the full sexual act. This is a smart move that ensures offenders can’t get a slap on the wrist for conduct that is clearly abusive but might fall just short of the definition of a completed sexual act under existing statutes.

Stricter Rules for Attempts and Trafficking

If you attempt to commit one of these serious sexual offenses, the bill mandates that you face the exact same penalty as if you had completed the act. This eliminates any incentive to stop just short of completion to receive a lesser sentence. Furthermore, the bill broadens the scope of federal sex trafficking law (Section 2423) by replacing the phrase “a sexual act with” with the much wider term “any conduct involving.” This update makes the law clearer and ensures prosecutors can target a broader range of exploitative behavior, not just the final sexual act itself. Finally, the bill cleans up the definition of kidnapping, clarifying that it includes situations where someone is obtained by deception or trickery immediately following an abduction, closing a potential loophole that defense attorneys might have exploited.

What This Means on the Ground

For law enforcement and prosecutors, this bill provides a modernized, sharper set of tools to pursue child predators. For parents and the public, it means the federal government is tightening the screws on legal defenses that have historically favored abusers. The changes—like the near-total elimination of the consent defense for victims under 16 and the equal punishment for attempts—are designed to make sure that the legal system reflects the severity of these crimes. While the bill’s focus is on criminal enforcement, its overall impact is strengthening the legal framework that protects children from exploitation.