What is an exception to the Delaware age of consent?

The age of consent in Delaware is generally set at 18 years old; however, there is a specific exception that allows for a close-in-age provision. This provision permits individuals aged 12 to 15 to engage in consensual sexual activity with partners who are no more than four years older. This exception is designed to recognize that young individuals in this age range may have relationships within a relatively small age difference, acknowledging the social dynamics of youth relationships while still providing protections against exploitation and abuse.

The rationale behind this exception is to avoid criminalizing consensual relationships between teenagers that fall within this age gap. It balances protecting young people from potential harm while acknowledging that relationships exist among peers who are close in age, thus differentiating between situations of genuine consent among young individuals and more predatory relationships that could exploit younger minors.

In contrast, obtaining parental approval, while a common legal consideration in many contexts, does not serve as a blanket exception to the age of consent laws in Delaware. Similarly, intoxication of either party does not remove the legal implications of consent, as individuals must be in a clear state of mind to give valid consent, and marriage licenses establish a different legal context altogether, as they pertain to a different set of laws regarding relationships and consent