In the United States, age of consent laws regarding sexual activity are made at the state level.
There are several federal statutes related to protecting minors from sexual predators, but laws regarding specific age requirements for sexual consent are left to individual states, territories, and the District of Columbia.
These laws are situational and are subject to interpretation.
Typically, Mexican states have a "primary" age of consent (which may be as low as 12), and sexual conduct with persons below that age is always illegal.
The age of consent is the age at or above which a person is considered to have the legal capacity to consent to sexual activity.
In New York, the age of consent for sexual relations is 17 years old.
A New York Statutory Rape Lawyer will tell you that it is most common for the minor’s parents to bring charges of statutory rape (consensual sex with a minor) on behalf of the child.
Consent can be given by words or actions, as long as those words or actions create clear permission regarding willingness to engage in sexual activity.
Silence or lack of resistance, in and of itself, does not demonstrate consent.
Current state law sets 18 as the minium marriage age, but younger people have wed with the blessing or urging of their families, although 14- and 15-year-olds require court approval as well. “It’s shocking current law allows for children as young as 14 to be married off,” he said.
Kluger called that “unacceptable and outmoded.” The new law would outlaw marriages of those under 17 entirely.
However, if the parents do not step forward, often the state will.
The charge of statutory rape (New York Penal Law 130.25) will still be valid even if the minor consented to sex.
Non-violent sexual contact with persons under the age of consent may be punished with varying degrees of severity, ranging from a misdemeanor with a simple fine, to a felony with a punishment equivalent to rape.