Legal Definitions - age of consent

The age of consent is a legal standard that defines the minimum age at which an individual is considered mature enough to legally agree to certain actions or activities. While it most commonly refers to the age at which a person can legally consent to sexual activity, it can also apply to other significant decisions, such as entering into marriage without parental permission.

If a person is below the legally defined age of consent for a specific activity, they are deemed incapable of giving valid consent for that activity. In such cases, any participation by an older individual is typically considered a criminal offense, regardless of the younger person's apparent willingness. It's important to note that even if someone has reached the age of consent, their agreement may still not be legally valid if it was given under coercion, duress, or if they lacked the mental capacity to understand the nature of their decision due to illness or disability.

Here are some examples illustrating the age of consent:

• Sexual Activity: In a state where the age of consent for sexual activity is 16, a 15-year-old cannot legally agree to participate in sexual activity. If an 18-year-old engages in sexual activity with this 15-year-old, the 18-year-old could face charges for statutory rape, even if the 15-year-old expressed willingness. This is because the law presumes the 15-year-old is not old enough to give valid consent, making the act illegal.

• Marriage Without Parental Permission: Consider a state where the age of consent for marriage without parental permission is 18. If two 17-year-olds wish to marry, they would typically need the consent of their parents or guardians to legally do so. However, if both individuals were 18 years old, they would have reached the age of consent for marriage and could legally marry without requiring anyone else's permission.