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Home Legal Advice

We need to talk about age-of-consent law

Eric Banks by Eric Banks
August 23, 2022
in Legal Advice
0

When I was sixteen, I told my therapist I changed into fear about having sex with my 19-yr-antique boyfriend. In response, because 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 quickly spirals into a daunting stumble upon the regulation.

Fortunately, my therapist was 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 tend to suppose that the age of consent is 18 and that these legal guidelines don’t affect minors who have intercourse with different minors. Unfortunately, the regulation in many states does not resemble this notion, and in many cases, age-of-consent legal guidelines can do more harm than protect younger humans.

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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 because one individual is a minor, the sex is deemed non-consensual. It is likewise vital to observe that maximum jurisdictions differentiate between 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 affect minors who want to have sex with each other.

In states such as Montana and Kansas, everybody over 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 commit 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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Eric Banks

Eric Banks

I work as a lawyer in the area of intellectual property law, and also as a blogger. On the legal side, I focus on copyright and trademark law. On the blogging side, I write about various legal topics, including intellectual property law, e-commerce, and Internet privacy. My work has appeared in law journals, business publications, and the blogs of several law firms. I also give a biweekly seminar called “How to Avoid Being A Copyright Moron.”

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