What Is the Age of Consent in West Virginia?
In West Virginia, the legal age of consent is 16. Specifically, under W.V. Code § 61-8-5, if a person has "sexual intercourse or sexual intrusion with another person" and either is 16 years of age or older or is 4 years or younger than the other person, they do not commit "unlawful sexual penetration."
It is important to add that definitions of "sexual intercourse," "sexual intrusion," and "unlawful sexual penetration" are provided in W.V . Code § 61-8-1g. Therefore, if you were to have sexual relations with someone 16 years or older and you are 4 years or younger than that person, you could be charged with unlawful sexual penetration, which is a felony punishable by 2-10 years in prison.
To clarify, the age of consent refers to the minimum age at which an individual is considered legally capable of consent (meaning the age of consent is determined by law). In West Virginia, the age of consent is 16.
The Purpose of Age of Consent Laws
The role of age of consent laws in a modern society is to protect minors from being coerced into sexual situations and to ensure that individuals who are too young to give legal consent do not fall prey to those who would attempt to manipulate them for their own gain. Sexual contact with a minor is a serious crime in West Virginia, and while there is always the possibility of false accusations, many people who are charged with crimes involving sexual actions have faced criminal charges because they exploited the vulnerability of someone who does not have the ability to give legal consent.
Many age of consent laws were created generations ago, long before computers and the internet made it easy for people of all ages and from all over the world to connect with one another in the private space of their own homes. Today, the development of social media and mobile communications has further eroded the privacy promised to those who send and receive sexual images or messages from others. It is not uncommon for children and teens to be manipulated by someone they trusted through these new methods, who then try to convince them to perform a sexual act or record it in order to take advantage of them later.
While West Virginia’s age of consent laws are intended to protect minors from being victimized in this way, the police, prosecutors, and judges who deal with charges in these cases do not always understand the complexities of a person’s relationship or the extent of their level of maturity, or they may overlook crucial evidence that could affect the outcome of a case. This can lead to severe penalties and overly harsh treatment for someone who is accused of engaging in a sexual act or sharing a sexual image with a minor, even if the accusation is false.
Penalties for Violating Age of Consent Laws
In West Virginia, the Age of Consent refers to the minimum age at which an individual is considered legally capable of consenting to sexual activity. When one party is above the age of consent and the other is below, the younger individual is considered a victim.
Violating the Age of Consent is a serious offense in West Virginia. Several sex offenses fall under the heading of statutory rape. There are even some offenses that fall under the heading of aggravated statutory rape, a more serious offense. Any of these can have devastating consequences. There are several different crimes that result from the violation of the Age of Consent, including Sexual Assault in the First Degree, Sexual Assault in the Second Degree, Sexual Abuse in the first degree, and Sexual Abuse in the Second Degree.
Many laws in West Virginia regarding sex crimes have minimum sentencing guidelines. Our lawyers take a hard look at all the different ways your case could be prosecuted and create a defense strategy that considers all possibilities.
For example, Sexual Assault in the First Degree is defined as sexual assault on a person under the age of sixteen when the act is accomplished through the use of force or threat of force. Sexual Assault in the Second Degree applies when the act does not involve force or threat of force. The minimum sentence is 5 years on the first degree charge and 1 year on the second degree charge.
Exceptions to the Age of Consent Law
The age of consent laws in West Virginia aim to protect minors from being taken advantage of by older individuals. However, there are a few exceptions to these laws that are worth talking about.
For example, the law allows sexual contact between a minor and someone who is no more than four years older than them. So if you are 15 years old, you may legally consent to having sexual relations with someone who is 18 or 19. That older person cannot face criminal charges for statutory sexual assault for engaging in sexual activity with the underage person.
This law does not apply if the minor is under age 14. For those individuals who are under 14 years of age, the law does not contain a close-in-age exception. If a person over the age of 16 has sexual contact with a person under age 14, it is a felony offense, and it is the same for any individual who forces sexual contact on a victim under age 14 (even if the perpetrator is also under the age of 14).
The Historical Development of West Virginia’s Age of Consent Laws
Based on the discussion above, it is probably easy to conclude that the age of consent in West Virginia has not always been 16 and that the history of those laws is worth looking at. Prior to 1868, the age of consent in West Virginia was 10 years old. That’s right, both genders, and for sure girls as young as 10 could consent to sexual contact. You can imagine the kind of problems that might lead to so our state legislature, passing what was then called "An Act" (see here), changed the age to 16. While that would have ended the issue, it didn’t and the legislature changed it repeatedly. In 1913, the age was changed to 14. That was extended to 16 in 1913, and then again in 1921 to 18, and finally back to 16 in 1931 where it has pretty much stayed to this day. The changes, however, to the full law are important to know . It actually criminalizes sex with someone under 16, and then distinguishes between offenders at least a couple of different ways. Classifying the offenders is how they determined the penalty, and in more than just one way. For a long time, it depended on the age of the offender, and in more than one case. Then it changed to whether or not the person was married. Another factor that was introduced related to the age of the victim, in that if the victim was below 13 and the offender only had to be 14 to be indicted and convicted. It didn’t matter if the victim was male or female, nor did it matter if the offender was also male or female. The past several years have seen the removal of many of these distinctions, but it’s clear the law has evolved a lot to get to its current form.
How West Virginia’s Laws Compare with Other States
In comparisons with the age of consent laws of neighboring states, West Virginia’s age of consent falls within the range of these other states. Kentucky has an age of consent of 16, which is actually slightly lower than West Virginia’s. Georgia also sees its minimum age of consent be 16 years of age. To the south, South Carolina has an even lower age of consent, also at 16, though it is important to note that this law is somewhat unenforceable in practice.
Further comparative analysis with states nearby reveals that our state’s laws are again within the "norm." Virginia sets the age of consent at 18, as do the thirty-four other states that have a law regulating sexual conduct among minors. Such a restriction is not the law in the remaining 15 states.
Notably, the age of consent is 16 in the majority of states in the Midwest and the Southwest, as well as Pennsylvania and Maine to the north. Massachusetts has a minimum age of consent of 16, while New York is 17.
Additional Help and Assistance
If you require further information about the legal age of consent in West Virginia, the West Virginia Supreme Court provides numerous resources to assist you in better understanding the law, including FAQs on areas like child custody, child support, separation and divorce, guardianship and criminal law , amongst other categories. Individuals with a need for legal assistance may contact the West Virginia State Bar Committee on Legal Services for Older Adults and Persons with Disabilities for more information on legal resources. Family Options of West Virginia can assist families in finding affordable legal aid – including legal advocacy, advice, and representation – in cases involving abuse, neglect, or exploitation.