Vermont Age of Consent Laws

The age of consent is the legal age at which an individual is deemed legally compensated to consent to engage in sexual activity with another individual. The legal age of consent may vary by state.

In some states, it is as young as 16 years of age, and in other states, the age is as old as 18 years of age. It is important to note that age of consent laws apply to sexual activity that involves individuals of the same gender.

What Is the Age of Consent for Sex in Vermont?

The age of consent in Vermont for sexual conduct is 16 years of age. Vermont is one of the few states that only has a single age of consent.

In addition, Vermont also has a close-in-age law as well as a Romeo and Juliet exception. It is important to be aware, however, that even with these provisions, if an individual violates the age of consent laws in Vermont, they may face charges of statutory rape.

Is It Illegal to Date a Minor?

Generally, no, it is not considered illegal for an individual to date a minor. If, however, the relationship involves sexual activity, it may be considered statutory rape or another sexual offense if the minor in the relationship is younger than the age of consent.

These types of laws are designed to protect minors from being taken advantage of or manipulated by an adult who is in a position of authority or power. It is important for all individuals to be aware of the age of consent laws in their jurisdiction and to respect those laws.

If an individual engages in sexual activity with a minor, it may result in serious legal consequences, which may include incarceration and registration as a sex offender.

What Are Close-In-Age-Laws?

Some states, including Vermont, make allowances in their age of consent laws for adolescent individuals who are close in age. When the minors involved are close in age, the law recognizes that these relationships are not exploitative and, therefore, now the type of relationship the Vermont consent laws are intended to prevent.

In the majority of states, adolescents who are younger than the age of consent but older than other ages of legal capacity, usually around 14 years of age, the individual is deemed to be able to consent to sexual activity with one another if they are close enough in age.

It is important to note, however, that the age range varies by state, but usually hovers around three to four years difference.

Romeo and Juliet Exception

There is one common misunderstanding that close-in-age laws apply broadly. Many individuals believe this means that even if one of the partners is below the age of consent and the other is not an adult that the law will save the older partner from liability simply because both parties are teenagers.

It is important to be aware that the older partner in the previous example may still face criminal prosecution. There is one exception, however, to this rule, the Romeo and Juliet exception.

The Romeo and Juliet exception may legalize consensual sexual conduct between a 15-year-old minor and a partner who is younger than 19. This provides one year difference from the age of consent laws.

It is very important to note, however, that the close-in-age law and the Romeo and Juliet exception will not apply if one partner is younger than 15 and the other partner has reached the age of majority, or 18 in Vermont.

What Is Statutory Rape?

Statutory rape is a felony criminal offense that is committed when an adult engages in sexual activity with an individual who is younger than the legally defined age of consent. As noted above, this age varies by state.

Generally, it ranges from 16 to 18 years of age. The purpose of these laws, similar to the age of consent laws, is to protect minors who are deemed legally incapable of providing informed consent for sexual activities.

Are There Defenses to Statutory Rape?

No, there are not really defenses to statutory rape because it is considered to be a strict liability offense. This means that, even if a defendant acted in good faith, made a reasonable mistake, or was even deceived by the victim, they may still be found criminally liable.

Two main possible defenses for a charge of statutory rape include mistake of age and marriage exemption. The mistake of age defense may be successful if the defendant genuinely and reasonably believed that the victim was of legal age at the time of the sexual encounter.

This defense, however, may not be accepted in all jurisdictions. The marriage exception will apply when the individuals who are involved are legally married to one another.

It is important to note that this exception may also vary by jurisdiction. In addition to these possible defenses, there are also other potential defenses that a defendant may be able to present in a statutory rape case.

This is dependent on the circumstances of the case and the laws of the jurisdiction, including:

• Consent: While a minor is generally deemed incapable of giving legal consent, some jurisdictions recognize a “Romeo and Juliet” exception or “close-in-age” exemption, discussed above. These laws provide a potential defense for an individual who engages in consensual sexual activities with another individual close to their age.
  • The age difference allowed under these exceptions varies by jurisdiction, but it usually ranges from 2 to 4 years;
• Insufficient evidence: As with any criminal charge, the prosecution is required to prove the guilt of the defendant beyond a reasonable doubt. Assume there is not sufficient evidence to establish that the defendant engaged in sexual activity with the minor or if the evidence presented is unreliable or contradictory. In that case, the defense can argue that the charges should be dismissed or that the defendant should be acquitted;
• False accusation: In some cases, a defendant may be falsely accused of statutory rape due to misunderstandings, miscommunications, or ulterior motives. In these cases, the defense can present evidence to show that the allegations are unfounded and that the accused is innocent;
• Duress or coercion: If the defendant can demonstrate that they were forced or coerced into engaging in sexual activity with the minor, they may be able to use duress as a defense. This would require evidence that the defendant reasonably believed they were under imminent threat of harm and had no reasonable means of escape; and
• Constitutional challenges: In some situations, a defendant may argue that the statutory rape laws involved in their case are unconstitutional and argue that they violate the defendant’s rights to privacy, equal protection, or due process. Although these types of challenges are rarely successful, they may be considered in specific situations.

Should I Seek Legal Advice?

If you have any questions or concerns related to the age of consent laws in Vermont, you should seek legal advice as soon as you can. In almost every state, statutory rape is a felony offense that may result in serious criminal consequences.

If you have been charged with statutory rape, you should consult with a Vermont criminal lawyer immediately. Your lawyer can advise you of whether an exception or defense may apply in your case and represent you during court appearances.