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Over 30% of the questions that you send in to Teen Advice have to do with the Age of Consent (AOC). Many of you don't seem to understand the intricacies of this very important set of laws. Some of you resent the fact that there even are Age of Consent laws without fully appreciating why they must exist. I get question after question from teens who want to know if the Age of Consent really applies in their situation; "I'm in love...", "We've been dating forever...", "My parents don't mind...", and "We've already had a baby together...", are just a few examples of the situations you describe that make you think the AOC doesn't apply to you. I get many questions, some seemingly silly, about ways to get around the AOC or to avoid charges of statutory rape. In short, there are no ways around the AOC, and anyone who has sex with an individual who is not yet at the AOC can be charged with, and found guilty of, statutory rape. The only way to avoid this is to obey the laws, whether you like them or not. That said, let's take a look at some of the other questions teens ask about the Age of Consent.
What is the Age of Consent (AOC)?
The Age of Consent (AOC) is the age at which you are legally able to consent to having sex. In other words, it is the age when you are allowed to have sex. If you are below the AOC you are not legally allowed to say "yes" to having sex. What this means is that you do not have the legal right to agree to have sex with anybody. For this reason, anybody who has sex with you is guilty of statutory rape, meaning they are guilty of rape by way of breaking a statutory law. Bottom line -- you must have reached the AOC before you can agree to have sex with another person; and the person you have sex with must also have reached the AOC.
It's not fair! Why do AOC laws even exist?
It may seem unfair, but the AOC laws exist for a very good reason, to protect teens from adult exploitation. While some teens are definitely mature enough to handle themselves appropriately when an adult tries to get them to have sex, many teens are still developing their emotional boundaries and may confuse having sex for showing love. Since sex is an optional part of love, not a requirement, it is important to give teens the protection of law when dealing with people who try to play on the fact that teens are still learning what love is all about. This in no way suggests that all teens will fall for the lines of a shrewd older suitor; like adults, teens are individuals with differing levels of maturity and life experience. It is not possible for a law to address individuals, for the protection of all, laws must be broad in their scope. Try to see the AOC as protection rather than punishment. Like laws that outline the legal age for voting, drinking, smoking and driving, the AOC is intended to ensure that individuals can understand the consequences of their actions and choices before exercising them. In this sense, the AOC is no different than any other age limit that exists in the law.
How can I find out what the AOC is where I live?
The limits of the AOC differ depending on where you live. In the United States, the AOC can change drastically from state to state. In some places, the AOC is different for males than it is for females. There are also places that have AOC laws that treat homosexuals and lesbians differently. To find out more about the AOC where you live, please see our Age of Consent Chart. Other factors that can effect the AOC are; legal status (emancipated minors), marital status and military service.
