age of lawful sex in Maine

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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

Answers:

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

Answered 12 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.


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