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What is Statutory Rape?
Statutory rape is the act of sexual intercourse with a person under the age of consent. This is considered rape whether the 16-year-old consented to the sex or not.
There does not need to be force or threats from the 18-year-old for statutory rape charges. By law, minors are not considered capable of consenting, so any sexual activity with a minor will be considered to be coercive.
What is Consent?
Consent is an agreement between participants to engage in sexual activity. Consent cannot be given by underage people, those who are intoxicated or incapacitated by drugs or alcohol, or asleep or unconscious. If someone agrees to an activity under the pressure of intimidation or threat, that isn’t considered consent because it was not given freely.
What is an Example of Consent?
Consent is most often verbal. This is the clearest and safest expression of consent. Examples of verbal consent include:
- “Yes”
- “That sounds great”
- “That feels awesome”
- “Let’s do that more”
- “I’d like to . . .”
- “It feels good when you . . .”
- “Would you please . . .”
- “I want to keep doing this”
- “I’m enjoying this”
Age of Consent by State
| STATE | LEGAL AGE OF CONSENT |
|---|---|
| Alabama | 16 |
| Alaska | 16 |
| Arizona | 18 |
| Arkansas | 16 |
| California | 18 |
| Colorado | 17 |
| Connecticut | 16 |
| D.C. | 16 |
| Delaware | 18 |
| Florida | 18 |
| Georgia | 16 |
| Hawaii | 16 |
| Idaho | 18 |
| Illinois | 17 |
| Indiana | 16 |
| Iowa | 16 |
| Kansas | 16 |
| Kentucky | 16 |
| Louisiana | 17 |
| Maine | 16 |
| Maryland | 16 |
| Massachusetts | 16 |
| Michigan | 16 |
| Minnesota | 16 |
| Mississippi | 16 |
| Missouri | 17 |
| Montana | 16 |
| Nebraska | 17 |
| Nevada | 16 |
| New Hampshire | 16 |
| New Jersey | 16 |
| New Mexico | 17 |
| New York | 17 |
| North Carolina | 16 |
| North Dakota | 18 |
| Ohio | 16 |
| Oklahoma | 16 |
| Oregon | 18 |
| Pennsylvania | 16 |
| Rhode Island | 16 |
| South Carolina | 16 |
| South Dakota | 16 |
| Tennessee | 18 |
| Texas | 17 |
| Utah | 18 |
| Vermont | 16 |
| Virginia | 18 |
| Washington | 16 |
| West Virginia | 16 |
| Wisconsin | 18 |
| Wyoming | 18 |
Related Article: What if a Minor Lies About Their Age Online?
What is Enthusiastic Consent?
Enthusiastic consent is a newer model for understanding consent that focuses on a positive expression of consent which means looking for the presence of a “yes” rather than the absence of a “no.”
This form of consent can be expressed verbally or through non-verbal cues, such as positive body language like smiling, maintaining eye contact, and nodding. These cues alone do not necessarily represent consent, but they are additional details that may reflect consent. However, it is still necessary to seek verbal confirmation from your partner.
Related Articles:
- Difference Between Molestation and Sexual Abuse
- Age of Consent Laws Across the US
- Can a Minor Get a Tattoo?
See all related sexual abuse lawsuits our lawyers covered so far.
FAQs
1. How Do Close-in-Age Exemptions Work?
Close-in-age exemptions allow for consensual sexual activities between minors who are within a certain age range of each other, often preventing prosecution for statutory rape in consensual situations.
2. Is There a Difference Between Dating and Engaging in Sexual Activity Legally?
Yes, dating itself is typically not regulated by law, but engaging in sexual activity is subject to age of consent laws.
3. Can an 18-Year-Old Be Charged with a Crime for Dating a 16-Year-Old?
Simply dating without sexual activity is generally not a crime. However, if sexual activity occurs and it violates state laws, the 18-year-old could face criminal charges.
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