Assaults of a sexual nature may also be charged under the state’s assault and battery laws (to learn more, see Aggravated Assault Laws in West Virginia) or the state’s child molestation and enticement laws.
And for information about rape between spouses, see West Virginia Marital Rape Laws.
In West Virginia, statutory rape includes consensual sex between a minor and a defendant who is at least four years older than the minor, and it can also include sexual contact (even without penetration) under certain circumstances described below.
In West Virginia, it is illegal for an adult (someone 18 or older) to have sex with a minor who is younger than 18, even if the sex is consensual.
Their incapacity is written into the statute—hence the term “statutory” rape.
They may argue that the victim herself represented that she was older than she was, and that a reasonable person would have believed her.
But as in most states, mistake of age isa defense in New Jersey.
Statutory rape laws are premised on the assumption that minors are incapable of giving informed consent to sexual activities.
Their incapacity is written into the statute—hence the term, “statutory” rape.
Penalties include a fine of up to 0, 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.
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.
Sexual assault includes sexual contact (sexual touching, even over clothing in an arousing or sexually gratifying way) between a minor who is younger than 13 and a defendant who is at least four years older than the victim. § 2C:14-2 & 2C:14-3.) State law requires, in addition to the applicable fines and prison time, that people convicted of certain sexual crimes (including statutory rape) must register as sex offenders.
It also includes sexual penetration between a minor who is 13, 14, or 15 and a defendant who is at least four years older than the victim. 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.” Named after Shakespeare’s young lovers, “Romeo and Juliet” exceptions are intended to prevent serious criminal charges against teenagers who engage in consensual sex with others close to their own age.
In New Jersey, it is illegal for an adult (someone 18 or older) to have sex with a minor (someone 16 or younger), even if the sex is consensual.