Is it illegal for a 20 year old to have sex with a 16 year old?

02/08/2007 - Criminal - State: OH #541

Full Question:

Can a man of age of 20 go to jail for having sexual intercourse with a girl of the age of 16?

Answer:

Statutory rape is illegal sexual activity between two people when it would otherwise be legal if not for their age. The actual ages for these laws vary greatly from state-to-state, as do the punishments for offenders. Many states do not use the actual term "statutory rape," simply calling it rape or unlawful sexual penetration. These laws rarely apply only to intercourse, but rather to any type of sexual contact. Dating someone without sexual contact cannot be considered a form of statutory rape, and is almost never illegal.

All states have an "age of consent," or an age at which a person can legally consent to sexual activity and can then no longer be a victim of statutory rape. Some states also have laws that look at the age difference between the two people as well as their individual ages. All states have laws that have restrictions on the relationship between the two people, changing the age of consent, or the penalty, for sexual relations between a person of authority, such as a teacher, assistant coach, or tutor.

Ohio Law B' 2907.04. Unlawful sexual conduct with minor

No person who is eighteen years of age or older shall engage in sexual conduct with another, who is not the spouse of the offender, when the offender knows the other person is thirteen years of age or older but less than sixteen years of age, or the offender is reckless in that regard.



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02/08/2007 - Category: Criminal - State: OH #541

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