The movie Dirty Dancing takes place in New York state in 1963. I have not been able to determine the legal ages in 1963. However, according to a scholarly article titled Statutory Rape Laws in Historical Context (page 23), the state laws in 1920 and 1999, the legal ages were as follows:
In 1920, the legal age was 18.In 1999, the so-called "age span" was five years. This means that a man commited statutory rape if he had sexual intercourse with a woman who was younger than 17, but the liability was lessened if the age difference was less than five years.
In 1999, the legal age was 17.
According to another article, titled Adolescent Sexual Experimentation Should Not Be a Crime, the 1950 legislature of New York state passed a law specifying that a man committed statutory rape if the woman was younger than 18 (eighteen), but that the liability was reduced from a felony to a misdemeanor if he was younger than 21. In other words, the age span was three years if the woman was 17.
I am guessing that this 1950 law continued through 1963. The law was changed by 1999, but I could not determine when it was changed.
If my guess is correct, then Johnny did commit statutory rape in New York state in 1963 if he had sexual intercourse with Baby, because she was only 17 years old. If he was younger than 21, then the statutory rape was only a misdemeanor; if he was older, then it was a felony.
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According to the July 1986 script, which was finished after Patrick Swayze was hired but before filming began, Baby was 17 years old, and Johnny was 21 years old.
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| Baby was 17 years old |
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| Johnny was 21 years old |
However, if the 1950 law had been changed by 1963, then he did not commit statutory rape at all, because she was 17, a legal age. Even if Johnny Castle were much older than 21 -- like the 34-year-old actor Patrick Swayze -- he did not commit statutory rape if she was 17 (according to the law in 1999),
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In a previous article, titled How far and Baby and Johnny go sexually?, I argued that Baby and Johnny did not have penis-in-vagina sexual intercourse. Rather, the farthest they went is that she gave him hand jobs.
If they indeed went no farther, then Johnny commit statutory rape?
Again, I don't know what the 1963 law was, but the current New York law defines only the following one crime when there was no penis-in-vagina intercourse and no oral or anal sexual contact -- when the female is older than 14.
Third degree sexual abuse includes sexual contact between a minor who is 15 or 16 years old and a defendant who is at least five years older than the victim. This offense is a Class B misdemeanor, which can result in up to three months in jail.Johnny would not be guilty of such abuse, however, because Baby was older than 16.
Of course, Johnny and Baby did not do any anal contact, but I suppose it's possible that she kissed his penis. I doubt that she did so, because she was a doctor's daughter who certainly was terrified of penis germs. If, however, she did kiss Johnny's penis, then the following category might be applied:
Sexual misconduct includes oral or anal sexual contact or sexual intercourse with someone who is younger than 17. Prosecuted as a Class A misdemeanor, penalties may include up one year in jail.Johnny would not be guilty of such abuse, however, because Baby was older than 16.
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I conclude that 21-or-older Johnny did commit statutory rape on 17-year-old Baby only if two conditions both were true:
* New York's 1950 law about statutory rape still governed in 1963=====
* Johnny inserted his penis into Baby's vagina.
If someone can provide details about New York's law in 1963, contact me at
Mike Sylwester@gmail.com
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