Their incapacity is written into the statute—hence the term “statutory” rape.
In the United States, age of consent laws regarding sexual activity are made at the state level.
There are several federal statutes related to protecting minors from sexual predators, but laws regarding specific age requirements for sexual consent are left to individual states, territories, and the District of Columbia.
If you guys have sex before you are 18, you are sending him to jail. Bottom line - wait until you are 18 then date him all you want. The best way to make sure that doesn't happen is to talk to them FIRST.
However, if you guys do anything hotter than a kiss on the cheek and you are under 16, he goes to jail. I knew sex was out of the question until I'm 18, but you said if it's anything hotter than a kiss on the cheek when I'm under 16 then he can go to jail. unless your parents take out an order against your boyfriend.
While the general age of consent is now set between 16 and 18 in all U. states, the age of consent has widely varied across the country in the past.
In 1880, the age of consent was set at 10 or 12 in most states, with the exception of Delaware where it was 7.
(3) "Sexually explicit conduct" means actual or simulated: (a) Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex or between humans and animals; (b) Penetration of the vagina or rectum by any object; (c) Masturbation; (d) Sadomasochistic abuse for the purpose of sexual stimulation of the viewer; (e) Exhibition of the genitals or unclothed pubic or rectal areas of any minor, or the unclothed breast of a female minor, for the purpose of sexual stimulation of the viewer; (f) Defecation or urination for the purpose of sexual stimulation of the viewer; and (g) Touching of a person’s clothed or unclothed genitals, pubic area, buttocks, or breast area for the purpose of sexual stimulation of the viewer.
(4) "Minor" means any person under eighteen years of age.
I wanted to know about the whole sexual interaction laws in relationships like that too. I really don't know any of the laws when it comes to anything like this. Dating is not against the law - unless your parents say no. You would now be old enough where your relationship would not be covered by existing law...
My friend told me you had to be 16 to date someone 21. I know it will be weird, but the last thing you want to do is force their hand.
Though statutory rape does not require that the prosecutor prove an assault, it is still rape.