Sexual intercourse is a tricky subject to regulate. Age and consent are major determining factors in laws pertaining to sexual intercourse. Here’s what to know about the age of consent in California.
In California, individuals 18 years or older may legally consent to sexual intercourse. Statutory rape is when an individual under or over the age of 18 engages in sexual intercourse with someone under the age of 18. The age of consent applies to both gay and straight couples, but they do disproportionately affect LGBTQ+ couples.
The Age of Consent
The age of consent in California is 18 years old. Age of consent is the age when a person can legally consent to sexual intercourse. Sexual intercourse is recognized as any sexual penetration of the vagina by the penis. Ejaculation is not essential for a sexual encounter to be considered sexual intercourse.
Statutory rape is when an individual breaks the age of consent law and engages in sexual intercourse with another person under the age of 18. A person younger or older than 18 years old who has sexual intercourse with a minor will have committed statutory rape.
Related: What Consent Looks Like
California does not have a Romeo and Juliet law. Romeo and Juliet laws in other states are exceptions to the age of consent law. Individuals engaging in sexual intercourse who are close in age to one another and both below the age of consent are protected against statutory rape charges. California does not have this exception.
There is one exception to California’s age of consent laws. Individuals who are married may legally consent to sexual intercourse, regardless of age.
Related: Consent Laws in California: What You Need to Know
Straight vs. Gay Age of Consent in California
The age of consent is 18 for straight and same-sex couples alike. The law applies to both men and women and does not specify certain sexuality. However, age of consent laws disproportionately affect LGBTQ+ couples.
California law defines sexual intercourse as vaginal penetration by a penis. However, this type of sexual intercourse does not apply to LGBTQ+ couples, as same-sex intercourse typically does not involve both vagina and penis. As a result of the different variations of sexual intercourse, statutory rape laws are not applicable to same-sex couples. Statutory rape laws involve non-consensual sexual intercourse, which is limited only to straight couples. LGBTQ+ individuals are not directly protected under statutory rape laws and may fall victim to rape without legal protections.
Related: Was I Sexually Assaulted? Take the Quiz
FAQs
Do age of consent laws apply to both straight and gay couples?
Yes, age of consent laws apply to straight and gay couples. Regardless of one’s sexuality, the age of consent in California is 18 years old. Any couple engaging in sexual intercourse must be at least 18 years old. If a minor engages in sexual intercourse with an adult, the adult may be charged with statutory rape. However, the statutory laws do disproportionately target LGBTQ+ couples because of their limited definition of sexual intercourse.
Are there exceptions to California’s age of consent laws?
Yes, married couples may consent to sexual intercourse regardless of age. However, unlike other states, California does not have Romeo and Juliet laws, which state that individuals who are close in age and are both minors may legally consent to sexual intercourse.
Contact Her Lawyer
If you or a loved one would like to know more about the age of consent laws in California, get your free consultation with one of our California Sexual Assault Attorneys today! If you’re been charged with a crime relating to California’s age of consent, get your free consultation with one of our California Criminal Defense Attorneys.