In North America, the legal age of consent relating to sexual activity outside of marriage varies by jurisdiction.
The age of consent in Canada is 16.
As of August 2018, each U.S. state has set its age of consent at either age 16, age 17, or age 18, most with some exceptions. In the case of the state of Washington, the age of consent rises to 21 for the specific instance student-teacher sex (the age of consent in the state of Washington is otherwise 16). In a number of U.S. states, the age of consent can drop to as low as 13, although this has associated specifications, usually regarding the age of those engaging in sexual acts not surpassing a specific age difference (known in the U.S. as "Romeo and Juliet laws" and elsewhere as close-in-age exceptions). As of April 2021, of the total fifty U.S. states, approximately thirty have an age of consent of 16 (with this being the most common age of consent in the country), a handful set the age of consent at 17, and in about eleven states the age is 18.
The age of consent in Mexico is complex. Typically, Mexican states have a "primary" age of consent (which may be as low as 12 or the onset of puberty), and sexual conduct with persons below that age is always illegal. Sexual relations which occur between adults and teenagers under 18 are legally ambiguous: laws against corruption of minors as well as estupro (statutory rape) laws can be applied to such acts, at the discretion of the prosecution. These laws are situational and are subject to interpretation. The federal age of consent in Mexico is 15.
The ages of consent in the countries of Central America range from 13 to 18.
In four territories (Anguilla, the Cayman Islands, Montserrat and the Turks and Caicos Islands), as well as in the sovereign nation of the Bahamas, there is a higher age of consent for same-sex sexual relations than opposite-sex ones.
The list of jurisdictions in North America is per the list of sovereign states and dependent territories in North America.
Overview The age of consent is the age at or above which a person is considered to have the legal capacity to consent to sexual activity. Both partners must be of legal age to give consent, although exceptions to the age of consent law exist in some jurisdictions when the minor and their partner are within a certain number of years in age or when a minor is married to his/her partner. Persons below the age of consent may not, by law, give consent, and sexual relations involving such persons may be punished by criminal sanctions similar to those for rape or sexual assault. Non-violent sexual contact with persons under the age of consent may be punished with varying degrees of severity, ranging from a misdemeanor with a simple fine, to a felony with a punishment equivalent to rape.
Different ages may apply if one partner is in a position of power or authority over the other, such as a teacher, manager, coach, parent or stepparent. For example, in Indiana the age of consent is 16 but it is illegal for a person over 18 to have sex with anyone under 18 if they work at their school, are their parent or a stepparent, or are a person recruiting them to join the military.
Historically, the age of consent applied to male-female relationships; same-sex relationships were often illegal regardless of the ages of participants. Modern laws vary, and there may be multiple ages that apply in any jurisdiction. For instance, different ages may apply if the relationship is between partners of the same sex, or if the sexual contact is not strictly vaginal intercourse.
Antigua and Barbuda In Antigua and Barbuda, the age of consent is 16. The Sexual Offences Act of 1995 raised the age of consent from 14 to 16 years of age.
Sexual Intercourse with female between fourteen and sixteen
6. (1) Where a male person has sexual intercourse with a female person who is not his wife with her consent and who has attained the age of fourteen years but has not yet attained the age of sixteen years, he is guilty of an offence, and is liable on conviction to imprisonment for ten years.
(2) A male person is not guilty of an offence under subsection (1) –
(a) if he honestly believed that the female person was sixteen years of age or more; or
(b) if the male person is not more than three years older than the female person and the court is of the opinion that the evidence discloses that as between the male person and the female person, the male person is not wholly or substantially to blame.
Sexual intercourse with male under sixteen
7. (1) Where a female adult has sexual intercourse with a male person who is not her husband and who is under the age of sixteen years, she is guilty of an offence, whether or not the male person consented to the intercourse, and is liable on conviction to imprisonment for seven years.
A female adult is not guilty of an offence under subsection (1) –
(a) if she honestly believed that the male person was sixteen years of age or more; or
(b) if the female adult is not more than three years older than the male person and the court is of the opinion that evidence discloses that as between the female adult and the male person, the female adult is not wholly or substantially to blame.
Anguilla (United Kingdom) The age of consent in Anguilla is 16. It is determined in Part 14 of the Criminal Code – SEXUAL OFFENCES -Sexual Offences Against Minors – by Article 143. "Sexual intercourse with person between 14 and 16 years of age".
Aruba
The age of consent in Aruba is 15, as specified in Article 251 of the Criminal Code of Aruba (which Aruba adapted after its secession from the Netherlands Antilles) which reads:
Article 251: "A person who, out of wedlock, with a person , performs indecent acts comprising or including sexual penetration of the body is liable to a term of imprisonment of not more than eight years or a fine of at most 100 000 florin".
Bahamas
In the Bahamas, the age of consent for opposite-sex activity is 16 and the age of consent for same-sex activity is 18. Homosexuality was legalized in 1991, but "public homosexuality" is an offense that carries a 20-year jail term without parole.Art. 16
11. (1) Any person who has unlawful sexual intercourse with any person being of or above fourteen years of age and under sixteen years of age, whether with or without the consent of the person with whom he had unlawful sexual intercourse, is guilty of an offence and liable to imprisonment for life subject to, on a first conviction for the offence, a term of imprisonment of seven years and, in the case of a second or subsequent conviction for the offence, a term of imprisonment of fourteen years.
Barbados
In Barbados the age of consent is 16.
Section 5, part I "Sexual intercourse with person between 14 and 16" of the Sexual Offences Act 1992
(1) Where a person has sexual intercourse with another with the other's consent and that other person has attained the age of 14 but has not yet attained the age of 16 that person is guilty of an offence and is liable on conviction on indictment to imprisonment for a term of 10 years.
Belize In Belize, the age of consent is 16, regardless of sexual orientation or gender.
The legislation reads:
Criminal Code [CAP. 101]
Section 47.1 "Every person who, with or without consent, has sexual intercourse with a person who is under the age of fourteen years commits the offence of unlawful sexual intercourse and is liable on conviction on indictment to imprisonment for a term that is not less than twelve years but may extend to imprisonment for life."
Section 47.2 "Every person who has unlawful sexual intercourse with a person who is above the age of fourteen years but under the age of sixteen years, commits an offence and is liable on conviction on indictment to imprisonment for a term that is not less than five years but no more than ten years."
Bermuda and British Virgin Islands (United Kingdom)
Age of sexual consent is 16, regardless of sexual orientation and/or gender.
Canada The Tackling Violent Crime Act took effect on 1 May 2008, raising the age of consent from 14 to 16.
There are two close-in-age exemptions, depending on the age of the younger partner. A youth of twelve or thirteen can consent to sexual activity with an individual less than two years older than them. A fourteen- or fifteen-year-old can consent to sexual activity with a partner who is less than five years older than them.
Criminal law (including the definition of the age of consent) is in the exclusive jurisdiction of the federal government, so the age of consent is uniform throughout Canada. Section 151 of the Criminal Code of Canada makes it a crime to touch, for a sexual purpose, any person under the age of 16 years. Section 153 then goes on to prohibit the sexual touching of a person under 18 by a person in three circumstances: if he or she is in a "position of trust or authority" towards the youth, if the youth is in a "relationship of dependency" with him or her, or if the relationship is "exploitative". The term "position of trust or authority" is not defined in the Code but the courts have ruled that parents, teachers, and medical professionals hold a position of trust or authority towards youth they care for or teach. Section 153 (1.2) of the Code provides that a judge can infer whether or not a relationship is "exploitative" by considering its nature and circumstances including how old the youth is, the difference in ages between the partners, how the relationship evolved, and the degree of control or influence that the older partner has over the youth.
The "position of trust under 18" anti-exploitation rules were expanded in 2005 by Bill C-2 where a judge may choose to term a situation to be sexual exploitation based on the nature and circumstances of the relationship including the age of the younger party, age difference, evolution of the relationship (how it developed, e.g. quickly and secretly over the Internet), the control or influence over the young person (degree of control or influence the other person had over the young person). This passed before the 2008 amendments, and they were not repealed so they are still in effect and can apply towards adults in these situations with young persons over the age of consent and under 18 (16–17).
Where an accused is charged with an offence under s. 151 (Sexual Interference), s. 152 (Invitation to sexual touching), s. 153(1) (Sexual exploitation), s. 160(3) (Bestiality in presence of or by child), or s. 173(2) (Indecent acts), or is charged with an offence under s. 271 (Sexual assault), s. 272 (Sexual assault with a weapon, threats to a third party, or causing bodily harm), or s. 273 (Aggravated sexual assault) in respect of a complainant under the age of sixteen years, it is not a defense that the complainant consented to the activity that forms the subject-matter of the charge.
History of the Canadian age of consent