法律英语：73 What is the Age of Consent?

by Adam Freedman

Mario writes in to say: “Hi Adam, I love your podcast, it’s very informative¹.”  But that’s not important. The important thing is that Mario goes on to say “My son just turned 18 and his girlfriend is 17. They do have sexual relations. Is it possible that her parents can put him in jail for going out with a minor²?”
Great question. So, when is teen romance a crime?  The answer, of course, is: whenever it involves vampires³ on TV. Well, the real answer will take a little longer to explain, so let me begin with some basics.
What is the Age of Consent?
It’s not easy being the parent of a teenager. There’s the loud music, the acne medications, and the social awkwardness.  But still, one doesn’t usually bargain on having to visit junior in the slammer. Mario, I wish I could say that your 18 year-old son is behaving perfectly⁴ legally, but the truth is, it depends on which state he and his girlfriend are living in.
The law makes a basic distinction between consensual sexual relations and non-consensual sexual relations. The former is generally legal, whereas the latter is a crime; depending on the circumstances it may even be rape⁵. Crime is serious business, as recently underscored by the case of French film director Roman Polanski, who faces extradition⁶ to California stemming from his conviction for having sex with a minor 30 years ago. As always, if you suspect a crime has been committed, you should always contact the police or an attorney.
What is Statutory Rape?
Mario might be thinking: but my son and his girlfriend are both consenting. What makes this complicated is that the law assumes that minors⁷ are incapable⁸ of consenting to sexual activity. Therefore, any sexual contact with a minor typically constitutes a crime because it is technically⁹ non-consensual, even if both parties are perfectly willing. If intercourse¹⁰ is involved, it may amount to the crime referred to as “statutory rape.”
Who is Considered a Minor?
What, then, is a “minor” for these purposes?  Each state has the ability to establish the minimum age at which a person can consent to sex--this is popularly known as the “age of consent” even though state laws don’t use that term. In most states, the age of consent is 16; however, in a number of states, including California, Florida, and Wisconsin, the age is 18. If Mario lives in one of those states, it’s possible that his son might be violating the law because of his relationship with a 17 year-old.
Contrary to Mario’s assumption, the girl’s parents do not have the power to put Mario’s son in jail. Only the state can do that. The girl’s parents can, however, file a report with the police and--if it happens to be a state where the age of consent is 18--the police may bring charges. The fact that Mario seems to be fine with his son’s relationship is legally irrelevant¹¹. Indeed, even if both parents approve, sex with a minor below the age of legal consent is still a crime.
What is the Romeo and Juliet Defense¹²?
Are there any defenses that might keep the young lovers out of trouble?  Probably the strongest factor in their favor is the closeness of their ages: he’s 18 and she’s 17.  Where a case of statutory rape involves two parties who are very close in age (generally within four years of each other), some states recognize this as a mitigating¹³ factor. Under these so-called “Romeo and Juliet laws,” proximity¹⁴ in age can make an unlawful situation lawful¹⁵, or may at least provide an “affirmative defense” that the accused sexual offender¹⁶ may raise at trial.
Romeo and Juliet is, of course, a beautiful story.  But remember, things didn’t actually work out for the “star-crossed” lovers. They both ended up dead!   If you’re a parent of a teenager, be familiar the laws in your state and be aware of your children’s activities. No matter what your view of personal or religious ethics¹⁷, there might actually be strong legal reasons for the kids to practice abstinence.
Thank you for reading Legal Lad’s Quick and Dirty Tips for a More Lawful Life. Before I go, I want to let you know that the Quick and Dirty Tips web site has been completely redesigned and updated.  You can now search through our archive of tips by category, take polls, submit questions and tips of your own, and download free samples from the Quick and Dirty Tips books and audiobooks. See for yourself. Visit QuickandDirtyTips.com and send us a note to let us know what you think of the changes.

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1 informative   

adj.提供资料的，增进知识的

参考例句：

• The adverts are not very informative.这些广告并没有包含太多有用信息。
• This intriguing book is both thoughtful and informative.这本引人入胜的书既有思想性又富知识性。

2 minor   

adj.较小(少)的，较次要的；n.辅修学科；vi.辅修

参考例句：

• The young actor was given a minor part in the new play.年轻的男演员在这出新戏里被分派担任一个小角色。
• I gave him a minor share of my wealth.我把小部分财产给了他。

3 vampires   

n.吸血鬼( vampire的名词复数 )；吸血蝠；高利贷者；（舞台上的）活板门

参考例句：

• The most effective weapon against the vampires is avampire itself. 对付吸血鬼最有效的武器就是吸血鬼自己。 来自电影对白
• If vampires existed, don`t you think we would`ve found them by now? 如果真有吸血鬼，那我们怎么还没有找到他们呢？ 来自电影对白

4 perfectly   

adv.完美地，无可非议地，彻底地

参考例句：

• The witnesses were each perfectly certain of what they said.证人们个个对自己所说的话十分肯定。
• Everything that we're doing is all perfectly above board.我们做的每件事情都是光明正大的。

5 rape   

n.抢夺，掠夺，强奸；vt.掠夺，抢夺，强奸

参考例句：

• The rape of the countryside had a profound ravage on them.对乡村的掠夺给他们造成严重创伤。
• He was brought to court and charged with rape.他被带到法庭并被指控犯有强奸罪。

6 extradition   

n.引渡（逃犯）

参考例句：

• The smuggler is in prison tonight,awaiting extradition to Britain.这名走私犯今晚在监狱，等待引渡到英国。
• He began to trouble concerning the extradition laws.他开始费尽心思地去想关于引渡法的问题。

7 minors   

n.未成年人( minor的名词复数 )；副修科目；小公司；[逻辑学]小前提v.[主美国英语]副修，选修，兼修( minor的第三人称单数 )

参考例句：

• The law forbids shops to sell alcohol to minors. 法律禁止商店向未成年者出售含酒精的饮料。 来自《简明英汉词典》
• He had three minors this semester. 这学期他有三门副修科目。 来自《简明英汉词典》

8 incapable   

adj.无能力的，不能做某事的

参考例句：

• He would be incapable of committing such a cruel deed.他不会做出这么残忍的事。
• Computers are incapable of creative thought.计算机不会创造性地思维。

9 technically   

adv.专门地，技术上地

参考例句：

• Technically it is the most advanced equipment ever.从技术上说，这是最先进的设备。
• The tomato is technically a fruit,although it is eaten as a vegetable.严格地说，西红柿是一种水果，尽管它是当作蔬菜吃的。

10 intercourse   

n.性交；交流，交往，交际

参考例句：

• The magazine becomes a cultural medium of intercourse between the two peoples.该杂志成为两民族间文化交流的媒介。
• There was close intercourse between them.他们过往很密。

11 irrelevant   

adj.不恰当的，无关系的，不相干的

参考例句：

• That is completely irrelevant to the subject under discussion.这跟讨论的主题完全不相关。
• A question about arithmetic is irrelevant in a music lesson.在音乐课上，一个数学的问题是风马牛不相及的。

12 defense   

n.防御，保卫；[pl.]防务工事；辩护，答辩

参考例句：

• The accused has the right to defense.被告人有权获得辩护。
• The war has impacted the area with military and defense workers.战争使那个地区挤满了军队和防御工程人员。

13 mitigating   

v.减轻，缓和( mitigate的现在分词 )

参考例句：

• Are there any mitigating circumstances in this case ? 本案中是否有任何情况可以减轻被告的罪行？ 来自辞典例句
• A sentencing judge is required to consider any mitigating circumstances befor imposing the death penalty. 在处死刑之前，要求量刑法官必须考虑是否有任何减轻罪行之情节。 来自口语例句

14 proximity   

n.接近，邻近

参考例句：

• Marriages in proximity of blood are forbidden by the law.法律规定禁止近亲结婚。
• Their house is in close proximity to ours.他们的房子很接近我们的。

15 lawful   

adj.法律许可的，守法的，合法的

参考例句：

• It is not lawful to park in front of a hydrant.在消火栓前停车是不合法的。
• We don't recognised him to be the lawful heir.我们不承认他为合法继承人。

16 offender   

n.冒犯者，违反者，犯罪者

参考例句：

• They all sued out a pardon for an offender.他们请求法院赦免一名罪犯。
• The authorities often know that sex offenders will attack again when they are released.当局一般都知道性犯罪者在获释后往往会再次犯案。

17 ethics   

n.伦理学；伦理观，道德标准

参考例句：

• The ethics of his profession don't permit him to do that.他的职业道德不允许他那样做。
• Personal ethics and professional ethics sometimes conflict.个人道德和职业道德有时会相互抵触。