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As we grow up, there are certain age milestones that mark big steps toward adulthood. Getting a driver’s license at 16, being able to vote or join the military at 18, and turning 21 to legally drink alcohol all come with new responsibilities and freedoms.
But one of the most important age milestones is the age of consent. This is the legal age when someone is considered mature enough to agree to sexual activity. It’s not just a guideline. It’s a law designed to recognize that young people may not yet have the emotional or mental readiness to make those decisions or understand the impact they can have.
Knowing the age of consent in California can help you protect your child and understand when the law steps in to hold offenders accountable. If someone crossed this line with your child before they were old enough to legally consent, please know this was not their fault. At The Pride Law Firm, we believe you, and we believe them.
Call us today at (619) 516-8166 or fill out our online form to schedule a private and complimentary consultation with an advocate who understands how deeply these violations affect young people and their loved ones.
The law is clear and straightforward: the California age of consent is 18 years old. This means anyone under 18 cannot legally agree to sexual activity. No matter how willing they seem, how much they may have wanted to, or how mature they act, the law does not recognize their consent.
The law sees minors as not having the legal ability to consent. The law is designed to protect them from being taken advantage of by someone older who might have more power or influence. The only way for an act to be considered consensual is if both people are 18 or older.
When we hear about the age of consent, a lot of myths can surface. It’s important to know the truth because the laws are rightfully very strict in California.
One of the biggest misconceptions is about what are known as "Romeo and Juliet" laws, also referred to as “close-in-age exemptions.” In some states, these laws offer an exception for two people who are close in age and who both agree to sexual activity, even if one is a minor. The idea is to prevent a minor from facing a serious crime charge if their partner is only a couple of years older.
However, California does not have a "Romeo and Juliet" law. This means that if you are a minor and you engage in sexual activity with someone who is 18 or older, that person has committed “statutory rape,” even if you were both willing. The consenting age in California is a hard line at 18, with only one exception.
California law is very clear: anyone under the age of 18 cannot legally consent to sexual activity, except in very limited circumstances. One of those circumstances is what’s known as the “marriage exception.”
Under Penal Code 261.5, sex with a minor is considered statutory rape unless the individuals are legally married. In other words, if a minor is married to the person they are engaging in sexual activity with, the law does not treat that activity as unlawful based solely on age.
In California, there is no minimum age set in law for marriage, but minors must have both parental consent and a court order to legally marry. Meanwhile, that same child must be 18 to file for divorce, leaving many in dangerous or coercive situations with no legal way out.
It’s important to understand that this is a narrow and highly specific legal exception, and it does not create a general defense for sexual assault. Marriage never equals blanket consent. At The Pride Law Firm, we recognize that sexual assault can and does occur within marriages and committed relationships.
Violations of the age of consent aren’t just criminal matters; they can also be addressed through civil courts, where survivors and families can seek compensation and hold offenders financially accountable.
If you want to learn more about what path is right for your family, reach out to The Pride Law Firm online or by calling (619) 516-8166 today.
When someone violates the age of consent law, it is a very serious crime. In California, having sexual activity with someone under 18 is called statutory rape, even if the sexual activity appeared "consensual."
The term “rape” here doesn’t always mean that force or violence was used. It means that a legal boundary was crossed.
Under California Penal Code 261.5, the severity of the criminal charges depends on the age difference between the minor and the other person involved:
Understanding what is the age of consent in California is about more than just knowing the law. It’s about protecting children and holding those who harm them accountable.
The Pride Law Firm has dedicated our practice to standing up for survivors of sexual assault and fighting to return power where it belongs: with them.
If your child or teen was assaulted by someone who broke the law, whether they used their age, influence, or relationship to manipulate or harm them, you may be able to take legal action, and we’ll fight for your family.
Call The Pride Law Firm at (619) 516-8166 or fill out our private online form to schedule a free, no-obligation consultation where we'll listen, walk you through your options, and help you take the next step toward protecting your child and finding justice.