Roulettechat - What is the dating age law in ohio
If both parties are below the age of consent, and are close to the same age, they can sometimes avoid engaging in statutory rape by legally consent to have sex with each other.
That is because Ohio still has black-letter law that makes all homosexual conduct illegal, regardless of age.
However, such laws have been rendered unconstitutional by the Supreme Court, so long as the parties are consenting adults acting only in private settings.
This offense is a third degree felony, which incurs a fine of up to $10,000, at least one (and up to five) years in prison, or both. Defendants charged with statutory rape have the usual defenses available to all criminal defendants, such as “Someone else committed this crime,” or “The alleged conduct did not occur.” Ohio has a marital exemption for statutory rape that allows consensual sex between married minors and their adult spouses even though their ages would prohibit it if they were not married.
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.
Sex with someone under the age of 16 in Ohio is presumptively statutory rape.