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Consent is to give permission or approval; to agree to something. If someone is forced into an act, this is the opposite of giving consent. Consensual sexual activity is when two people agree to have a natural, respectful relationship that may include kissing, hugging, sensual (sexual) touching and/or vaginal, anal (butt) or oral (mouth) penetration.
Sex can be a healthy, positive experience for partners who feel prepared and understand that sex requires mutual respect and communication. Engaging in sexual activity with someone is a huge responsibility and there’s always lots to consider. Besides making sure that you and your partner are on the same page about what you want to happen—and what you don’t want to happen—and figuring out contraception, there’s also some law stuff to consider that may seem a little scary. It is not our intention to scare you. Sex doesn’t have to, and shouldn’t, be scary, but it’s important to know what the law says to make sure that you do what both feels right to you and is right under the law.
Have you ever thought that you could be breaking the law by saying yes to sex? Every state in the country has laws that define the legal age to give consent to participate in sexual intercourse. But it can get a little complicated, so let us explain.
In Louisiana, 17 is generally the legal age for a person to be able to legally consent to sex with someone older than them. However, and this is important, there are other limitations based on the difference in you and your partner’s age, especially when at least one of you is younger than 17. We’ve created a helpful chart below to help explain each scenario.
For example, a 17-year-old should never have sex with anyone under the age of 17. The law is clear on this. If you are under the age of 17 (even if you’re almost 17) and the other person involved is older, he or she can face prosecution for carnal knowledge of a juvenile.
If you are between the ages of 13 through 16 and having sex, know your partner’s age (and consider whether you are ready to have sex!). Legally, a 13-year-old can consent to sex with an individual up to three years older, a 14-year-old can consent to an individual up to two years older, and a 15-year-old can consent to an individual one year older. No one 12 or under can legally consent to sex. Always remember the law; if you are under 17 years old and your sexual partner is 17 years old or older, the LAW SAYS NO!
Sensual touching is touching someone’s private parts (vagina, penis, anus or breasts). Although this is not considered intercourse, it still falls under the laws discussed above about sexual consent.
In no way are we advocating for underage sex; the chart is only a representation of what is safe when it comes to Louisiana law. Always use caution, sex is a responsibility.
It’s never okay to mix alcohol or drugs with sex. These substances interfere with your thought process and decision making, limiting your ability to give consent. Never have sex with someone who has been drinking alcohol or using drugs. Why? Because that person’s ability to consent has been altered. It becomes your responsibility to say NO. Having sex with someone who cannot consent can end in a legal situation where one person is accused of simple rape. Simple rape is having sex with someone who is unable to consent due to the influence of alcohol or drugs. In Louisiana, the charge for simple rape is up to 25 years in prison.
If you have questions about a specific situation and are wondering whether what you or someone you know is doing is legal, we advise you to speak with a lawyer. But remember, sex is about so much more than the law. Always be safe and only do what feels right to you!
a 15-year-old sophomore, is chilling at a sweet 16 party when her friend Monica encourages her to talk to her crush, David. He’s a 17-year-old high school senior and captain of the football and track team. Marie’s friend hands her a daiquiri and says it’s only a little alcohol (“Girl, you can handle it!”). Marie and David end up in a bedroom, talking and touching a little. David compliments Marie and takes a picture of her in her underwear for Snapchat. Marie doesn’t remember how things started, but she feels David under her shirt. When he tries to take things further, Marie pushes him away and runs out of the bedroom.
A. Is Marie of legal age to consent?
B. Is David of legal age to consent?
C. Given that Marie was drinking alcohol, is she able to consent?
D. Since David is 17 and Marie is 15 and they are both in high school, is it okay for them to have consensual sex?
A. NO, Marie is under the age of 17 and is not of legal age to consent. B. YES, David is 17 which is the legal age to consent with individuals 17 and over. C. NO. D. NO, it is illegal for David and Marie to have sex. If charged, David would be tried as an adult.
Call 911 or (504) 821-2222 (Orleans Parish non-emergency number)
The Audrey Hepburn CARE Center at Children’s Hospital provides medical treatment, consultation, and counseling. Call (504) 896-9237 or visit their website at chnola.org/CAREcenter
The Rape, Abuse & Incest National Network (RAINN) provides confidential crisis support 24/7. Call 1-800-656-4673 to speak to someone at their National Sexual Assault Hotline
The authors are both family nurse practitioners and members of the REAL team at the LSU Health Sciences Center New Orleans. The mission of Reproductive Education + Advocacy Louisiana [REAL] is to improve adolescents’ access and utilization of comprehensive, accessible and youth-friendly sexual and reproductive healthcare services by enhancing knowledge, expanding training and growing advocacy capacity of current and future healthcare providers.
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