age of lawful sex in Maine

UPDATED: May 13, 2009

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age of lawful sex in Maine

my daugher is 16 and is dating a 20 year old. Can I do anything about this in the eyes of the law is he breaking any?

Asked on May 13, 2009 under Criminal Law, Maine


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

The age of consent for both heterosexual and homosexual relations in Maine is 16. This is the age at which a person may legally consent to sex with someone over the age of 21.

In many cases, Maine law permits sexual relations between adolescents, as long as both are aged 14 or over and the age difference is no more than 5 years. This “age differential” test is a feature of the age of consent laws in 27 states. It states, for example, that a 15-year-old girl can legally consent to have sex with her 17-year-old boyfriend, but not with a 22-year-old.

A different set of rules comes into play when one partner is in a position of power over another, such as a teacher, employer, coach or minister. The age of consent in those situations is usually 18 years old, but occasionally 21.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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