Can I Be Charged with a Sex Offense if the Alleged Victim Consented but Is Underage?

Many people mistakenly believe that consent always protects someone from prosecution of a sex crime. But under New Jersey law, when the alleged victim is underage (i.e., under the legal age of consent), “consent” often is legally irrelevant. Even if the minor appeared willing, the law may treat the conduct as a crime—this is sometimes called a statutory sex offense.

Age of Consent in New Jersey

In New Jersey, the age of consent for sexual activity is 16 years old. This means that anyone under 16 years cannot legally consent to sexual activity. Even if a minor says “yes,” the law does not consider that consent valid.

There are additional rules and exceptions. For example, if a person holds a supervisory, disciplinary, or custodial role over a minor (such as a teacher or guardian), the effective age of consent rises to 18 in those contexts.

How the Law Treats “Consensual” Acts Involving Minors

Under N.J.S.A. 2C:14-2 and related statutes, sexual acts with minors can still lead to prosecution.

• If the victim is between 13 and 15 years old, and the defendant is at least four years older, a charge of sexual assault (a second-degree crime) may apply—even if the contact or penetration was “consensual.”
• If the minor is under 13, or if aggravating factors are present (such as a position of authority or use of coercion), the charge could be aggravated sexual assault, a first-degree offense.
• For nonpenetrative contact (touching intimate parts), the statute of criminal sexual contact may apply, even if the minor appeared to consent.

Because the law treats minors as legally incapable of giving valid consent, consenting behavior does not automatically shield someone from criminal liability.

The “Close-in-Age” (Romeo & Juliet) Exemption

New Jersey provides a close-in-age or “Romeo & Juliet” exception under limited circumstances. This exemption may prevent prosecution when both participants are relatively close in age (for example, a minor aged 13–15 and a partner no more than four years older). But:

• The exception does not apply to aggravated sexual assault involving children under 13.
• It may not apply in cases where one party is in authority over the other (teacher, guardian, etc.).

Even with this defense, criminal charges are still possible, and the laws are complex.

If you or someone you care about is facing an accusation involving a minor—especially where “consent” is claimed—this is a serious matter that cannot be handled alone. The Law Office of Christopher St. John understands the nuances of New Jersey’s sex crime statutes. Contact us today for a confidential consultation so we can examine the facts, assess possible defenses, and work vigorously to protect your rights.