Question Posted Wednesday January 11 2012, 10:06 pm
The age of consent in New Jersey is 16, but if you're 18 or older it is still illegal to have sexual relations with someone younger than 18, right?
So the age of consent in California is 18, but if you're 18 or older it is still illegal to have sexual relations with somene younger than 18, right?
My friend and I were just randomly discussing this and she had thought differently than me. Can anybody clear this up? What I've said above is what I was always taught in school. Thank you!
Each state treats this issue differently. Where I live if an 18 year old has relations with some one 14 he may possibly not be charged with statutory rape because there is a four year window. But the law also says a person under 16 may not consent to sexual relations. So it really depends on how and which law is applied as to whether a person in my example is prosecuted.
In my example I believe what the intent of the legislators is or was. Is that anyone above the age of consent but under 18 they may have sex with anyone 4 years older than them. If someone is over 4 years older; then the older person can be charged with a variety of sexual offences and child molestation.
I believe this is the intent of the laws in any state. But and this is the big one. All laws are interpretive and it is up to the Prosecutor, the Judges, Lawyers and Jurors to sort out the real meaning of the laws.
My advice is if you are 18 and going to or want to have sex with some one under 18. Find out what the age of consent is in that state and what their window is. Knowledge is not only power it is safety. [ adviceman49's advice column | Ask adviceman49 A Question ]
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