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Home Legal Advice

We need to talk about age-of-consent law

Eric Banks by Eric Banks
April 8, 2019
in Legal Advice
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When I was sixteen, I told my therapist I changed into fearful about having sex with my 19-yr-antique boyfriend. In response, due to the fact I was a minor, she advised me she turned into going to document him to the government. An informal verbal exchange about usual teenage woes become quick spiraling into a daunting stumble upon with the regulation.

Fortunately, my therapist becomes wrong. The age of consent in which I lived in Massachusetts was 16, and it didn’t rely on how antique my boyfriend become. But her misinformed belief of what the law definitely says is quite common. People in the US have a tendency to suppose that the age of consent is 18 and that these legal guidelines don’t have an effect on minors who have intercourse with different minors. Unfortunately, the regulation in lots of states does now not resemble this notion, and in many cases, age-of-consent legal guidelines can do more to harm than to protect younger humans.

The age at which you may consent to sex is about at the kingdom degree within the US, with states putting it at both 16, 17 or 18. Sex-related to a person underneath the age of consent is called statutory rape. It differs from many other kinds of sexual attack as the events are nominally consenting, but due to the fact one individual is a minor, the sex is deemed non-consensual. It is likewise vital to observe that maximum jurisdictions differentiate among pre-pubescents and post-pubescents. But while one could anticipate those legal guidelines are meant to save you adults from grooming unsuspecting minors, additionally they effect upon minors who want to have sex with each other.

In states such as Montana, and Kansas, everybody over the age of sixteen can engage in intercourse with whomever they select, even a middle-elderly grownup, while, below the law, a 16-year-vintage excessive-faculty junior who has intercourse with a person within the yr beneath them is technically committing statutory rape. Furthermore, in states such as Massachusetts, Illinois, and California, two minors who engage in intercourse are committing against the law that would land one among them at the intercourse offenders’ registry for life.

Worse, in states like Maine, Texas, and Missouri wherein marriage among minors with parental consent is criminal, age-of-consent laws may be completely circumvented with parental consent. In an exercise, this means statutory-rape law can be an effective tool in the palms of dad and mom who want to prevent their young adults from dating humans they don’t like or from dating in any respect. Of route, this means the regulation disproportionally affects queer and interracial couples.

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