Well, yes, it can be illegal for 2 minors to have sex right here in the United States, depending upon their age and the law of the state they live in. But this matter is kinda confusing for many, so let’s get to know the legal lingo in a better way so you can understand it on a much deeper level, shall we? Here we go then.
What Does the Law Say?
The most important law is that of the age of consent, which is where everything starts. Simply put, it is the age at which a person is considered mature enough to legally consent to sexual activity. And therein lies the hitch: the age of consent is not uniform across all states.
Some states set the age at 16, some at 17, and others at 18. Anybody in their state below the age of majority is not supposed to give legal consent, whether they actually do give their consent or have a relationship.
That is where the notion of statutory rape comes into play. To be precise, it pertains to any sexual activity with someone who is under the age of consent, and yes, regardless of consent from both parties involved.
Can Two Minors Legally Have Sex?
In technical terms, if both teens are under the age of consent, then their relationship could be treated as illegal by the law. It sounds unfair, but that’s just how it goes in some areas of law.
That said, in many states, there is a recognition that teenagers do have relationships. These are the states that have Romeo and Juliet laws, which offer some degree of legal protection when the parties involved are close in age. For instance, if one party is 15 years of age while the other is either 16 or 17, the Romeo-and-Juliet statutes are likely to shield these individuals from being in legal jeopardy.
Not every state, however, has those safeguards. In some states, both teens of the same age, let’s say 16, would still be deemed to be lawbreakers under the local regulations in question.
What If Both Teens Agree?
Even in the event that two teenagers are both okay with it and everything is taken in a consensual manner, if they are below the age of consent, the law states that they are too young to legally agree to it.
In the eyes of the law, this is protection and not punishment. In fact, it fears minors may not come to a full understanding of the repercussions of pregnancy, STIs, or emotional consequences; hence, that is why this law of consent even exists.
What Are Romeo and Juliet or Close-in-Age Laws?
These laws help to make sure that teens close in age are not treated like criminals just for being in a relationship.
For example, some states would consider a 15-year-old and a 17-year-old couple protected under the close-in-age defense. Other states, California, for one, don’t have any such protection, so technically, even two 16-year-olds can be violating the law down there.
This is what makes state laws so important. What is allowed in one state may not be allowed in the other, so just be aware of that.
Can Teens Be Arrested?
Yes! Well, it’s uncommon, but it does happen sometimes. If sexual intercourse is against the law in that state between two minors, then charges may enter. Most of the time, authorities tend to pull back and allow some discretion, especially when it’s a consensual relationship between two teenagers who are very close in age.
Keep in mind that there could be devastating consequences. In some cases, teenagers ended up on the sex offender registry. That is why the saying goes that one should know their rights under the law, even if the law does not seem to be fair.
