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Wv dating over 40

Sexual abuse in the third degree includes sexual contact between a victim who was younger than 16 years old and a defendant who was at least 16 years old (and at least four years older than the victim). Minors are legally incapable of giving consent to having sex; so for example, if Jen, a 15 year old willingly has sex with Tony, her 23 year old boyfriend, Tony can be charged with rape, since Jen is not legally capable of giving consent in the first place.Penalties include a fine of up to $500, up to 90 days in jail, or both. But if Jen and Tony are and living in West Virginia, Tony need not fear criminal charges for having consensual sex with Jen. Code § 61-8B-3 & 61-8B-5.) Unlike normal rape charges, consent is not usually a defense to statutory rape.

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This is because West Virginia has a marital exemption to the West Virginia statutory rape laws. Statutory rape laws make minors legally incapable of giving consent to sexual activities.

However, if Tony were to rape Jen (force her to have sex against her will), he would have no protection under the law, even if the two are married. Therefore even if the minor “consented,” the sexual activity was nonetheless illegal and the defendant may be convicted of rape, unless the a “Romeo and Juliet” exception applies.

The age of consent can vary among states, and some states differentiate between consensual sex between minors who are close in age (for example, two teenagers of the same age), as opposed to sex between a minor and a much older adult.

Though statutory rape does not require an assault, it is still rape.

Penalties include a fine of up to $10,000, at least one year (and up to five years) in prison, or both.