The law always takes into account consent for people 18 years old or older. So, a person accused of a crime can raise as a defence the fact that his or her adult partner consented to the sexual activities.
Age of Consent to Sexual Activities
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People under 16 are allowed to voluntarily have sexual contact with each other, as long as the following conditions are met: Younger Partner Is 12 or 13 Years Old The older partner is less than two years older than the younger partner. Some people are usually in a "position of authority" because of their jobs: Young People Ages 16 and 17 The law says that a or year-old can consent to sexual activities.
However, this number is nearly arbitrary, as the law permits individuals aged 14 and 15 to consent to sex with anyone younger than Thus, despite the age of majority, a year-old and year-old could legally have sex in Indiana, but if the older person were 18, it would be a crime. Under Indiana law, it is a defense if the minor is married.
The minimum age for marriage in Indiana is 15, and therefore there is an exception carved out to facilitate that. Technically, this "close-in-age" provision is a defense instead of an exception, but it allows a 4 year gap in age if the two are in an ongoing personal relationship.
Thus, ostensibly, a an year-old could avoid prosecution for having sex with a year-old, provided the two were in an ongoing romantic relationship as defined by Indiana law. Indiana is one of the few states that provides for a mistake of fact in their statutory rape laws.
Is it legal for a 15 year old to date a 19 year old?
Thus, if someone has a reasonable, good-faith belief the individual they are having sex with is 16 or older, they can avoid criminal liability. If you believe you have violated Indiana's age of consent laws, you should contact an attorney immediately. A criminal defense lawyer can help you understand the law, what your options are, and represent you if the state decides to press charges.
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