I'm 18 and Dating Someone Underage: Is it Illegal to Have Sex?

I’m 18 and Dating Someone Underage: Is it Illegal to Have Sex?

The raging hormones, the butterflies on your body, making-out moments when parents aren’t watching. There’s nothing quite like the innocence of youth (or the desire to be loved).

A lot of teens are involved in sexual activity. However, did you realize that If you’re more or older, and you have an affair with someone who is younger, there’s a chance you’re guilty of the crime of statutory crime of rape? In the event that you’re both less than 18 years old, you may have a legal problem?

Therefore, put off the scent and the body spray until now. It’s a lawful issue which, if not handled properly, can cause a lot of trouble for teenagers. This article will help you understand regarding the statutory laws governing rape.

What’s the definition of a statutory rape?

The term “statutory rape” refers to the form of sexual contact that involves a person who is older than the legal date of consent. The term “rape” could seem like you’re free from the blame if you’re prepared and ready. The idea behind the the legal definition of “rape” is law enforcement doesn’t think that the victim is aged enough to express agree. A victim may be just still willing to consent but it’s whether they’re of sufficient age to legally agree.

There aren’t any states with specific lawful statutory rape statutes. The majority of states have statutory rape laws that are prosecuted as well as other offenses, like sexual contact, sexual assault, abuse of sexual nature as well as corrupting a minor.


To find out more about the lawful rape offenders read this comic by FindLaw:

However, what if we both agreed?

The term “age of consent” refers to whether a person has the legal capacity of expressing their consent to sexual activities. Its goal is to guard children who might not have the knowledge of the importance of having sexual contact.

The consent age differs by state, but it generally ranges between 16 and 18. There are many states that do not provide a standard age of consent. The factors to consider to determine the age at which you can consent to sexual relationships are:

  • The differences in the age of the partners
  • The age limit for the victim
  • The minimum age for the defendant

The legality of sexual relations can be contingent on the age of the target as well as your age and your age.

And We’re In Love!

It doesn’t matter whether you’re lovers. The law makes statutory rape an offense with strict liability. The fact that both partners engaged in sex that was consensual doesn’t necessarily make it lawful. The knowledge or intention which is usually required for committing criminal offenses does not matter.

For the purpose of proving a statute-based rape, an attorney doesn’t need to prove one or the other or both of your mental health as is usually required for other offenses. The prosecutor only needs to prove that or the person being accused of committing the crime:

  • Sexual activity
  • For someone who is younger than consenting age in the state of residence.

“Romeo and Julia” Laws

Numerous states have adopted “Romeo and Juliet” laws that aim to stop charges against minors who commit sexual crimes. The laws have different rules for protecting couples who are similar in age, yet not old enough legally to accept sexual activities. In other words, you’re 18 while your spouse is regardless of the fact that the law stipulates that having sexual relations with anyone younger than 18 is not legal. The most common exemptions to Romeo and Juliet law can include:

  • Make a felony an offense of misdemeanor
  • Reduce the length of a sentence
  • Do away with the requirement to be registered as a sexual offenders
  • Let the offender be cleared of his criminal record

Penalties for a statutory rape

If you’re charged with statutory rape or being charged with a misdemeanor felony, it depends on the laws of the state and the specific circumstances in the case. But, being charged with sexual crimes is extremely grave which is why it’s crucial that you act to safeguard your rights. Talk to an attorney who can defend you. A conviction can result in penalties that be a combination of fines, jail time, or in extreme cases the possibility of being registered as a sexual offenders.

Are you still looking to connect with somebody older? Take a shower with ice cold water.

It’s not necessary to solve this on your own – Hire a Lawyer

A consultation with a lawyer could assist you in understanding your rights and the best way to ensure your rights. Browse our lawyer directory to locate a lawyer close to you that can assist.