Everyone in NJ is a mandatory reporter. This protocol stands up until the day before the child’s
13
th
birthday.
2. According to the Statutory Rape law, anyone between 13 years old and 15 years old (a day
before their 16
th
birthday) cannot consent to engage in sexual activity with anyone who is more
than 4 years older than them. This is determined by the exact date of birth of both parties. This
means:
o The “13-15 years old” standard is applicable up until the day before one’s 16
th
birthday.
Even if one party is 4 years and 1 day older than the other, sexual contact would still be
considered Statutory Rape. Here are some scenarios to give as an example:
o Youth, age 13, is dating someone who is 17. Is this a legal concern?
Yes, this is something to look into. Even though the youth are seemingly
within 4 years, they may have birthdays in which they are actually older
than 4 years. If the date is 3/1/2019, a Youth age 13 whose birthday is
3/1/2006, and a 17 year old whose birthday is 2/29/2002. This person is 4
years and a day older which constitutes for Statuary Rape even if this person
is also a minor.
o Youth age 15 is dating an 18-year-old.
This is legal. The younger person is within the 13-15 range, and by law, the
other party must be within 4 years older. Therefore, even though the 18-
year-old is considered an adult, they are still only 3 years apart and sexual
contact is legal.
A 16-year-old can consent to have sex with a person of any age as long as the following exceptions are
not present.
3. Commercial Sex. Those under the age of 18 who are involved in commercial sex (sex in exchange
for anything of value: money, clothes, etc.) are considered victims of sex trafficking, even if they
claim to have consented. Youth do not require a trafficker in order to be considered a victim,
nor do they need to prove force, fraud, or coercion. The person exchanging something of value
for sexual acts from a youth (the buyer) can automatically be criminally liable.
4. Someone of Authority. Those under the age of 18 cannot legally consent to anyone who has
authority over them. Examples of those with authority include: family members (certain
specifications are in the law), those in supervisory roles, coaches, teachers, religious leaders,
group home staff, babysitters, etc.
5. Consent cannot be given at any age when one of the parties is incapacitated due to drugs or
alcohol, unconscious or sleeping, has a lack of understanding due to a disability, or has a
disability AND engaging with an authority figure/governmental caregiver, or if someone has
been physically forced or coerced. Here are some potential points to go over:
o Drugs and alcohol: Levels of impairment can be subjective. Talk with your youth
about at what point someone is too impaired to give consent. A good point of
reference might be “At what point do you start to feel different than normal?” It is
on the actor in this case whether they “know” or “should have known” that this