Ohio Alliance to End Sexual Violence
Phone: 216-658-1381 / 888-886-8388 Email: [email protected]
______________________________________________________________________________
1
OHIO AGE OF CONSENT/STATUTORY RAPE FACT SHEET
The legal age to consent to sex in Ohio is sixteen (Ohio Revised Code § 2907.04). Even if a
teen and older individual claim they are both willing participants in the relationship or
sexual encounter, in some situations it is still considered rape under the law. To determine
whether a suspect has violated Ohio’s age of consent laws (also referred to as “statutory
rape” laws), refer to the chart below.
In cases where a relationship does not violate Ohio’s statutory rape laws, parents may
intervene with other charges that are not sex offenses, such as contributing to the
unruliness or delinquency of a child (ORC § 2919.24) or the charge of interference with
custody (ORC § 2919.23).
Age Related Sex Offenses in Ohio
(See ORC §2907.04 - Unlawful Sexual Conduct with Minor)
Even if a suspect does not violate an age related offense, if the sexual acts were forced or
coerced, or the perpetrator is in a position of power over the victim, like a teacher, coach,
parent and/or guardian, they are a violation of the law.
The act is legal unless the act was forced, coerced, or the perpetrator is in a position of
power over the victim, like a teacher, coach, parent and/or guardian.
Victim/Survivor’s Age
Suspect’s Age
Legal?
Penalty
Under 13 years old
18 or older
No
F1
13 years old
13-17
Yes
--
18-22
No
F4
23 and older
No
F3
14 years old
13-17
Yes
--
18-23
No
F4
24 and older
No
F3
15 years old
13-17
Yes
--
18
No
M1
19-24
No
F4
25 and older
No
F3
16 years old
13-17
Yes
--
18 and older
Yes
--
This document in its entirety was published by the Ohio Alliance to End Sexual Violence (OAESV) through a
Victims of Crime Act grant award administered by the Ohio Attorney General’s Office
Ohio Alliance to End Sexual Violence
Phone: 216-658-1381 / 888-886-8388 Email: [email protected]
______________________________________________________________________________
2
Minor’s Consent to Rape Crisis and Healthcare Services
Generally, parents have the right to consent to the medical care their children will receive.
However, there are some exceptions to this rule. The following chart lists instances in Ohio
where minors may make decisions about their healthcare/mental health needs without a
parent or guardian’s permission. Note that if the minor is considered “emancipated” they
are treated as adult under the law, and therefore they can make all decisions without a
parent’s input. (§2919.121 (A).) Ohio defines an emancipated minor as someone who is 1)
married; 2) enlisted in the armed services, 3) self-employed and subsisting on their own; or
4) otherwise independent from the care of a parent/guardian/custodian.
Further Resources:
ACLU of Ohio, "Your Health and the Law: A Guide for Teens," available at
http://www.acluohio.org/issues/TeenHealth/
Ohio American Academy of Pediatrics, Fact Sheet, “Teen Health, Consent, and Ohio Law,”
available at http://www.ohioaap.org/files/TeenHealthConsent.pdf
Ohio Bar Association, “The Law and You,” 13
th
Edition, Chapter 10, available at
https://www.ohiobar.org/General%20Resources/Law_and_You_010.pdf
Type of Care
May a
Minor
Consent?
Minor’s rights
Limits
Ohio
Statute
Sexual Assault
Forensic Exam
Yes
Minor can consent to an
exam for purposes of
gathering evidence
Minor should be
informed of services for
venereal disease,
pregnancy, medical, and
psychiatric care.
Minor cannot be
charged for services
Parent cannot override
minor’s decision
Hospitals are required
to give written notice
to parent, parents, or
guardians that the
examination took
place.
§2907.28,
§2907.29
Rape Crisis
Center
Counseling
Services
Yes for
minors 14
years old
or older
Can seek counseling at
an out-patient center,
such as a rape crisis
center, as long as the
services do not include
medication.
The treatment is
confidential and care
providers cannot notify
parents (see exception to
right)
The care is limited to
six sessions or 30
days, whichever
comes first. (After
that, parent must give
permission to
continue services.)
Care provider can
notify parents in
situations where
provider believes
there is a substantial
probability that the
minor will harm
themselves or others.
§ 5122.04
(A) and
(B)
