The court shall,however, take into consideration the defendant's ability to pay, andno defendant shall be denied probation because of his or herinability to pay the fine permitted under this subdivision.261.6.In prosecutions under Section 261, 262, 286, 288a, or 289,in which consent is at issue, "consent" shall be defined to meanpositive cooperation in act or attitude pursuant to an exercise offree will.More shocking is the potential for the 15-year-old, once the relationship ends, to contact the police and, emotionally claim that she was forcibly raped by the 18-year-old, perhaps multiple times. Her tears and the details of her claim help her credibility.
Unfortunately, the law in many states does not resemble this perception, and in many cases, age-of-consent laws can do more to harm than to protect young people.
The age at which one can consent to sex is set at the state level in the US, with states setting it at either 16, 17 or 18.
Sometimes, there is no sexual contact, but the two who are “dating” may sext each other photographs that are meant to arouse the other and lead to sexual contact.
This can be a violation of Penal Code § 288.2 (transmitting sexual images to a minor with the intent to arouse) or Penal Code § 288.3 (contacting a minor with intent to commit a sexual offense). While it may be coveted to claim one is “dating” such and so, there is a considerable price to pay if the minor wants revenge when the relationship ends or if a purportedly concerned parent wants to end the relationship.
Worse yet, the 18-year-old may serve time in county jail or state prison, where sex offenders are treated with special contempt and often violence by other inmates.