Each state in the United States has laws that dictate the age at which an individual is able to legally consent to sexual activity, called the age of consent laws. If an individual has sexual relations with another individual who is younger than the age of consent, they are guilty of the offense of statutory rape.
Essentially, the individual has had sexual relations with another individual who, according to the law, could not possibly have consented to the act. Because rape is defined as sex without consent, the individual guilty of a form of rape.
Federal laws make it a criminal offense to engage in sexual acts with another individual who is between the ages of twelve and sixteen if they are at least 4 years younger than the other individual. The age of consent in each state is different and may range from 10 to 18.
In certain states, such as California and New York, there is an age at which all sexual intercourse is considered statutory rape. For example, a state may set the age of consent at 18 years of age.
In this imaginary state, two seventeen year old individuals who have consensual sex, they may both, in theory, be convicted of statutory rape. Other states use a different method, which, similar to the federal statute, takes into account the relative ages of both individuals.
In these states, which include Texas, the age of consent is determined by the age differentials between two individuals and is limited by a minimum age. For example, a state may set a minimum age of 14 but limit consent to individuals who are within three years of their age.
This would permit a 16 year old to lawfully have sexual relations with a 14 year old but would make it a crime for an 18 year old to have sexual relations with a 14 year old. The following are examples of statutory ages of consent in different states, including:
- California: In California, the age of consent is 18. It is illegal for anyone to engage in sexual intercourse with a minor, or an individual under the age of 18, unless they are that individual’s spouse;
- California employs a tiered system where the greater the difference in age, the greater the penalty, for example:
- If the individual who is engaging in sex with a minor is less than 3 years older or younger than the minor, then they are guilty of a misdemeanor;
- If they are more than 3 years older than the minor then they are guilty of a felony; and
- Individuals over the age of 21 who engage in sex with individuals under 16 are subjected to more harsh penalties;
- Florida: In Florida, the age of consent is 18. It is illegal for any individual over the age of 24 to have sex with any individual under the age of 18, unless they are married;
- Illinois: In Illinois, the age of consent is 17. For people 18 or over, it is illegal for an individual to commit acts of a sexual nature on persons who are under the age of 18 if they are in a position of trust or authority over the victim. This effectively raises the age of consent for older individuals in positions of authority or trust to 18 years old;
- New York: The age of consent is 17. It is illegal for any individual to have sex with another individual under the age of 17; and
- Texas: The age of consent is 17. The minimum age is 14 years old with a 3 year age differential. Therefore, individuals who are at least 14 years of age can legally have sex with individuals less than 3 years older.
What are the Age of Consent Differences Between Males and Females?
In certain states, the age of consent for males and females is different. There are exceptions to consent laws in some states if the partners are close to the same age, typically a 2 or 3 year age difference.
In most of those states, the punishments are harsher if one of the partners is significantly older than the other. It is important to note, however, that if both of the partners are above the age of consent, any age difference between them is not relevant.
In addition, some states distinguish between sexual relations between a male and a female and sexual relations between 2 males or 2 females. In numerous states, until recent years, any type of homosexual activity was illegal, regardless of the age of the individuals.
In other states, the age of consent for these actions is higher, but the actions themselves are not altogether illegal.
What is the Age of Consent for Homosexual Conduct?
The United States Supreme Court has recently held that laws which prohibit private and consensual conduct, which includes homosexual conduct, between adults are unconstitutional and are not able to be enforced by any state.
Some states, however, still have these types of laws on their books. Because of this, it may be unclear exactly what the age of consent is for homosexual acts in those types of states.
It is likely that a state court, assuming that it was not attempting to enforce a law which was unconstitutional, would default to the age of consent for heterosexual intercourse in that state, but this is not a certainty.
What is the Age of Consent in Alaska?
The age of consent laws in Alaska are unique. Instead of focusing on the age of the parties involved, the law places more emphasis on the age difference between the individuals.
The cutoff age for statutory rape, however, is 16 years of age.
What Are Some Issues with the Age of Consent in Alaska?
In general, if the age difference between the individuals is less than 3 years, no crime has occurred. Generally, if both parties are over 16 years of age, there are no issues.
If one of the parties is younger than the age of 16, the issues become more complicated and the age difference between the parties becomes very important. For example, if an 18 year old has sexual relations with a 15 year old, the older individual has committed sexual abuse in the second degree because the 15 year old is below the age of consent and there is a 3 year age difference between the two.
If, however, the 18 year old in the previous example was instead 17, no crime would have occurred. In addition, if a 17 year old has sexual relations with a 14 year old, a crime was committed.
If, however, the 17 year old had sexual relations with a 15 year old, no crime was committed. To review, two individuals who are over the age of 16 may consent to sexual relations in Alaska.
If, however, of the individuals is under the age of 16 and there is at least a 3 year age difference between the individuals, it is not legal for them to have sex.
Are There Any Exceptions to Age of Consent?
There are not exactly any exceptions to the age of consent. Other than the statutory language in Alaska, which provides for exceptions noted above, there are no recognized exceptions to the age of consent.
Are There Any Defenses to Age of Consent?
There are not really any defenses to the age of consent. The offense of statutory rape is considered a strict liability offense, which means that even if the defendant made an honest mistake or had a good faith belief as to an individual’s age, they are still criminally liable.
Should I Seek Legal Advice?
You should seek legal advice immediately if you believe that you may have violated the age of consent laws in Alaska. A violation of these laws may result in severe criminal and civil penalties.
An Alaska criminal defense lawyer can advise you of your rights, and if necessary, represent you in a court of law. If you have any questions regarding age of consent issues in Alaska, it is important to contact an attorney as soon as possible.
