In California, except for a few restrictions relating to real and personal property, a minor may also make valid legal contracts.
A minor may also consent to medical treatment if he or she is: at least 15 years of age, living apart from parents, and managing his or her own personal finances.
This means that campus authorities will have to establish whether the partners obtained "affirmative, conscious, and voluntary" agreement.
Although non-verbal consent is allowed, verbal is better.
In general, most people agree that a young child should not be treated the same as adults when it comes to punishment or legal accountability. Since young children are still developing an understanding of social and ethical norms, the law usually does not hold young children accountable for their actions -- that is, young children lack something called “legal capacity.” While the law cannot assign legal responsibility to an individual who lacks the mental capacity or maturity to understand the consequences of his or her actions, at what point does someone legally become an adult?
But the fact is: Most assaulters know exactly what they are doing.
However, because of their age difference, the jury still found Dixon guilty of statutory rape and aggravated child molestation, and sentenced him to a mandatory 10 years in prison under Georgia law.
In May 2004, the Georgia Supreme Court overturned Dixon’s conviction, stating that he should’ve been prosecuted on the lesser charge of misdemeanor statutory rape, which carries a maximum sentence of one year.
And it has to be obtained at every stage — touching, kissing, and foreplay — not just initially.
The obvious problem with the law — which many other states are considering as well — is that it assumes that sexual assault, already a crime under multiple laws, is the result of miscommunication.