How does the age of consent work?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How does the age of consent work?
From what I am able to determine, the age of consent is currently 16 years old in HI, but it allows for those who are 14 and 15 to consent to someone who is “not less than 5 years older than the minor.” I am confused on the exact meaning of the law. Specifically, is it legal for a male who is 2 weeks away from turning 21 to have sex with a female who is a month and a half away from her turning 16?
Asked on November 17, 2010 under Criminal Law, Hawaii
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
The age of consent is a term that generally means the minimum age at which a person is considered legally competent of consenting to sexual acts. It is NOT the age of majority (18). It is a hot topic open for debate. It should not, however, be confused with the legality of a sexual act that might otherwise be considered illegal under the law. Generally speaking sex with minors is considered one of those instances. It could even get you charged with rape regardless of her "consent." It depends on your jurisdiction. So I would suggest that you reconsider your encounter for the time being (about 2 years or so I would say).
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.