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- Overview
- Consent
- Definition
- History & Expansion
- Defense
- Charge
This article explains the concept of consent and age of consent in the U.S., including statutory rape, what constitutes as consent, laws regarding reproductive health services for minors, history of age of consent laws, marriage as a defense to statutory rape charge and charges for statutory rape even if both partners are under 18 or same age. <\\Ab...
Age of consent is a legal term for the age a person must reach to give consent to sex. Laws are different in every state, with the national average being 16 years old. Statutory rape occurs when one or both people are below the age of consent and engage in sexual activity.
Someone may be considered incapable of giving consent if they're intoxicated, asleep/unconscious, disabled (including dementia), or younger than the age of consent in that state. In most states, clear agreement to engage in sexual activity freely without coercion or force defines consent.
Age of consent laws began during Middle Ages where girls were considered mature enough at 12 years old; by 19th century it was raised between 16-18 years old and expanded to include boys and girls; all 50 states now prohibit sex between adults and children who can't legally give their permission.
46 states still allow an adult to marry minors including those under the age of consent; marriage is still defense against statutory rape charge at federal level but anti-child marriage advocates want change so adults couldn't use this as loophole for statutory rape charges.
Someone can be charged with statutory rape even if they're both under 18 or same age; older adults dependent on others may also be sexually abused because unable to give permission due illness/dementia etc.
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