Question about AoC.

[PhilliesFan001]

Hey guys,

 

My cousin had a question about age of consent laws (age gap relationships run in the family, haha).

 

She lives in New York, so we looked up the age of consent and it says the age is 17. We also looked on the NY state website and found this:

 

Rape in the third degree: A person is guilty of rape in the third degree when he/she engages in sexual intercourse with another person to whom he/she is not married who is incapable of consent by reason of some factor other than being less than seventeen years old; or, being twenty-one years old or more, he/she engages in sexual intercourse with another person to whom he/she is not married who is less than seventeen years old.

 

So does that mean that when you are seventeen years old, you can have sex with any person 17 or older? Or are there still tricks, like the person can't be more than 4 years older or something?

 

We were confused because her mother told us the real age of consent is 18, and when you're 17 you can't have sex with someone more than a few years older (however we haven't found evidence of that?)

 

Any help would be appreciated

[PhilliesFan001]

Hah nobody?

[avman]

What that law says is that you can consent at age 17 unless there is some other reason why that would not be valid.

 

Usual reasons for this would be that the other person is in a position of authority over you, or they are a therapist/doctor, or you are disabled or mentally incapable of giving consent.

 

Other than that it appears the age of consent is indeed 17 regardless of the age of the other person. But if you have any real doubts, talk to an attorney.

[PhilliesFan001]

The guy isn't in a position of authority over her or anything so I guess it shouldn't be a problem.

 

Thank you!