The age of 18 for young people is an age that comes with many rights. At this age, young people can vote, buy tobacco products, and even sign a lease on their own. It may be surprising, however, that the age of consent in Louisiana comes an entire year before this. That means that young people can make legal decisions on what to do with their bodies. This is both empowering and can also land many in situations in which they are wrongfully accused of a crime.
Understanding how the age of consent works in Louisiana can not only protect you from wrongful accusations but can also ensure you remain compliant with the law and out of significant legal and social trouble.
Louisiana’s age of consent is 17. That means anyone under 17 can’t legally agree to sexual activity. The law is strict here. If sexual activity does happen, the other person can be charged with a crime. According to the Rape, Abuse & Incest National Network (RAINN), 55% of these cases happen around the victim’s home.
The goal of this law is to protect minors. But the law also catches people in real relationships. Some teens lie about their age. Some people never ask. Other times, there’s no evidence that sex even happened.
Judges don’t always see both sides. Some cases get pushed forward with weak evidence. Once that charge is on someone’s record, it’s hard to explain it away. That’s why defending these cases is pivotal from the start.
There are exceptions for relationships where both are teenagers. It’s common for two teens to be dating while one turns the age of consent. If the other is still under the legal age, they might be worried about charges.
Fortunately, there are legal exceptions in certain circumstances. Those with a 2-year or less age gap are protected under Louisiana law. This means that a 17-year-old can still have a relationship with a 16-year-old.
In some cases, prosecutors reduce charges based on the age gap. But that depends on what each person says happened. These cases can get emotional. Age of consent defense takes a deep understanding of the law.
In Louisiana, there are several charges that fall under this category. The most common one is felony carnal knowledge of a juvenile. This charge applies when an adult has sex with someone under the legal age. It applies regardless of whether that person says they agreed to it.
Another charge is indecent behavior with juveniles. This includes other activities related to sex. It can include touching or explicit conversations meant to lead to sex. People can face charges for sending sexual messages to someone underage.
Computer-aided solicitation of a minor is a separate charge. It applies when someone uses a digital tool to talk to a minor in a sexual way. These can start with a report from a parent. It’s possible for the adult to not know the person was underage.
Fighting a false age of consent charge means acting early. Every case is different, but there are some strong defenses used often, including:
Every one of these steps can help protect the accused. These charges can follow them for life.
Convictions that relate to any crimes in which the age of consent is in question can have significant ramifications for the person found guilty. These difficulties manifest themselves in both legal consequences and social consequences. Even when a person is innocent, fighting the case alone is not a safe option. An accusation alone can often mean alienation from colleagues, friends, and even family. Knowing an attorney is on your side can help alleviate feelings of isolation.
Without the help of an attorney, you could face consequences that mean prison time, significant fines, or even having to register as a sex offender for the rest of your life. In some cases involving the age of consent, these harsh penalties are unwarranted and do not deserve a lifetime of punishment. An attorney not only helps defend you from such penalties but also ensures your rights moving forward are protected.
A: The legal age of consent in Louisiana is 17. That means anyone 17 or older can agree to sexual activity with another consenting adult. One person being under 17 and the other being older is a crime. This is still the case even if the younger person gave permission. According to the RAINN, 63,000 children are victims of sexual abuse annually.
A: Violating Louisiana’s age of consent laws can be considered statutory rape. Other charges include indecent behavior with a juvenile. These can lead to having to be added to the sex offender registry. The exact charge depends on the context of the case. Prison time and fines could also be involved.
A: There are some exceptions to the age of consent laws in Louisiana. The law gives courts room to consider relationships that are close in age. If this applies, the case may be handled differently. At the same time, this does not mean charges go away. Each case turns on the facts of the situation.
A: If someone is falsely accused, this is a serious issue. They do happen. These cases rely on one person’s word against another’s. The stakes are high in these situations. A false charge can follow a person for life. The defense strategy might include reviewing digital records. A good defense can break down a false story.
If you are facing an accusation, schedule a consultation with Alan J. Golden Attorney at Law, right away. We can confidentially discuss the details of your circumstances and begin working on a solution for an optimal outcome.
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