16 dating a 18 year old

However, there are only a couple of instances where age can determine that sexual activity is “rape.” It might be rape in the second degree (a Class C felony), if, “being eighteen (18) years old or more, he engages in sexual intercourse with another person less than fourteen (14) years old[.]” If the perpetrator is older than 21, and the victim is under 16; or if the perpetrator is over 21 and they have sex with a foster child under 18; or if the perpetrator is in a position of trust or authority (being any age), and the victim is under 16; it could be rape in the third degree (a Class D felony).

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So, on a person’s 16th birthday, it might be possible for them to consent to sexual behavior.In other words, a person must be at least 16 years old to be able to legally agree to sexual activity.A 14 or 15 year old can consent to sexual activity as long as the partner is less than five years older and there is no relationship of trust, authority or dependency or any other exploitation of the young person.All sexual activity without consent is a criminal offence, regardless of age.These are serious offences that carry serious penalties, including mandatory minimum penalties. In some cases, the age of consent is higher (for example, when there is a relationship of trust, authority or dependency).

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