This guide provides an overview of statutory rape laws in the U.S. Topics covered include age of victim thresholds, reporting requirements, enforcement of the law, and and links to resources.
Ohio USLegal Guide to Statutory Rape
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In California, a person must be at least 18 years of age to be legally capable of consenting to have sex. This means that it is illegal to have sex with a minor under 18, even if the minor is a willing participant and even if the minor initiates the sexual activity.
The state of Ohio has established 16 years of age as the age of consent. In other words, if someone is 16 years old, they are legally considered to be mature enough to agree to have sex with someone else, even those 18 years of age or older.
Ohio's close-in-age exemption says that anyone who is under 18 years old can engage in consensual sexual relations with someone who is at least 13 years old. All that to say, a 13-year-old can have legal consensual sexual relations with a 17-year-old in Ohio.
Ohio's version of a Romeo and Juliet law is contained in Ohio Revised Code 2907.04. This law makes it a crime for an adult (someone 18 or over) to engage in sexual conduct with a minor under the age of 16. However, there is an exception if the offender is less than 4 years older than the victim.
Children less than 13 years old* cannot give consent to sexual activity. Teens ages 13-15 years old cannot consent to sexual activities with anyone who is 4 or more years older than them. People ages 16 years and older can legally consent to sexual activity.
In Michigan, a person must be at least 16 years old in order to engage in consensual sex with an adult. The legal age of consent in Michigan is 16 years old. Individuals who are 15 years old or younger in Michigan are not able to legally consent to sexual activity.
Ohio does not have a specific close-in-age exemption, but the state does have a "mistake of age" defense. This means that if an individual is accused of having sexual contact with a minor, they can argue that they genuinely believed the minor was of the age of consent.
What is the mistake of age defense? The mistake of age defense to statutory rape is a reasonable belief that the alleged victim was over the age of consent at the time of the offense. Not all states recognize mistake of age as a defense to statutory rape. The defense is a form of the mistake of fact defense.
