Understanding the legal defenses for consensual sex between minors in West Virginia can help you handle complex legal situations. While the law aims to protect minors, it also recognizes that consensual relationships can occur.
Age of consent in West Virginia
In West Virginia, the age of consent is 16. However, the situation becomes more complicated if both parties are minors below that age.
Romeo and Juliet laws
West Virginia has a limited “Romeo and Juliet” law. Unlike other states where minors within four years of age of each other can engage in consensual sex, in West Virginia, the law only applies to minors who are 15 years or younger having consensual sex with a minor 15 years or younger with the age gap less than four years, or between a minor 11 years or younger and the defendant is 13 years or younger.
Reasonable mistake
In some cases, a defense may argue that one party reasonably believed the other was of legal age. However, this defense can be challenging and only sometimes accepted.
Marriage as a defense
In West Virginia, minors 16 to 17 years old can get married with written consent from their parents or legal guardians. Additionally, the person they intend to marry must not be more than four years older than them. Minors under the age of 16 cannot get married under any circumstances.
Steps to take
If you or someone you know is involved in a case of consensual sex between minors, document everything you remember about the incident and seek guidance from an experienced lawyer to explore your options.
