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LoginWhen it comes to relationships between teens and young adults, the laws can get a little complicated in South Dakota. While the general age of consent is 16, there are some exceptions for consensual relationships between minors that are close in age. Romeo and Juliet laws are provisions that provide defenses or exemptions to statutory rape charges in cases where the participants are close in age. The idea behind these laws is that consensual relationships between young people who are close in age do not warrant the same harsh punishments as sexual relationships between teens and much older adults. However, modern Romeo and Juliet laws often focus on slightly older young adults as well as teens. In South Dakota, the general age of consent is 16 years old. This means anyone over 16 can consent to sexual activity with any other person who is also over
In South Dakota, engaging in consensual sexual activities with a minor can result in criminal charges. These age-based offenses are commonly referred to as statutory rape. The age of consent in South Dakota is
Editor's note: This story features descriptions of sexual assault. If you or someone you know has been sexually assaulted, please reach out to either the Compass Center , the Children's Inn or the Sioux Falls Police Department Sexual assault exams are available at hospitals in Sioux Falls as well as The Link downtown. Another sexual assault was reported at the University of South Dakota earlier this week, marking the sixth such incident this semester at USD since classes began Aug. A legal definition of consent was not established in South Dakota until last legislative session, defining in state law what consent is and that sex without consent is indeed rape, previous Argus Leader reporting shows. The newest definitions added to law now offer an additional legal mechanism for survivors of sexual assault who freeze and are unable to fight back during their attack.
The South Dakota Age of Consent is 16 years old. In the United States, the age of consent is the minimum age at which an individual is considered legally old enough to consent to participation in sexual activity. Individuals aged 15 or younger in South Dakota are not legally able to consent to sexual activity, and such activity may result in prosecution for statutory rape. South Dakota statutory rape law is violated when a person has consensual sexual intercourse with an individual under age While there is no close in age exemption, if the offender is under age 18 or no more than 3 years older than the victim, punishment is reduced.
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