What “Consent” Means in Ohio

Consent is defined as the voluntary, informed agreement between two individuals to engage in a specific act. The age of consent is the age at which an individual is deemed to be legally competent to consent.

In Ohio, the age of consent is 16. In other words, the state of Ohio assumes 16-year-olds have the necessary cognitive faculties and life experience to voluntarily enter into an informed agreement.



The word consent plays a pivotal role in criminal and civil sexual assault cases. The concept of consent seems simple at first glance. In real-world practice and in the context of individual situations, what does and doesn’t constitute consent and whether a person is capable of legally consenting is a much more fraught discussion.

Understanding Legal Consent

In Ohio, legal consent isn't just about hitting a certain age; it extends to the willingness and knowledge to be capable of providing informed agreement to participate in a specific act. The legal system in Ohio puts a premium on voluntary and informed agreement to ensure that consent is genuine. This means that any hint of coercion, manipulation or incapacitation can make a person incapable of legally consenting, even if the individuals involved are above the age of consent.

Capacity to Consent

Capacity to consent takes into account factors like mental competency and the ability to understand the consequences of one's actions. Some individuals, regardless of age, may lack the capacity to give valid consent. This includes those with cognitive disabilities as well as individuals under the influence of substances that are impairing their judgment.

Engaging in intimate activities with someone lacking the capacity to consent can lead to criminal charges and civil liability, no matter the age.

Statutory Rape Laws

The statutory rape law in Ohio, outlined in Ohio Code § 2907.04, defines unlawful sexual conduct with a minor as occurring when an adult offenders (those aged 18 and older) participate in sexual activities with a minor over the age of 13 but under 16. Importantly, the law only applies if the offender had a reasonable belief that the minor was under the age of 16.

Statutory rape isn't just about ages; it's about recognizing power dynamics in relationships with varying age brackets. Even if a teen “willingly” participates, they aren’t technically capable of providing legal consent if they’re under the age of 16. If the victim is under the age of 13, the perpetrator can be charged with second-degree felony sexual battery.

Affirmative Consent

In recent years, we've seen the rise of discussions around affirmative consent. The absence of a "no" does not imply consent; it's necessary for all parties to explicitly consent prior to any sexual activity. While Ohio's statutes may not define affirmative consent, the broader context of the state’s statutes emphasizes the importance of clear and voluntary agreement.

Educational Initiatives

Ohio is not just enforcing laws; the state is also building awareness around topics related to sexual assault and consent. Ohio has rolled out educational initiatives in schools, tackling issues like healthy relationships, consent and sexual assault prevention.

The overarching objective of these educational programs is to empower students with the knowledge and skills necessary to navigate relationships responsibly and with a deep sense of respect. By integrating discussions on healthy relationships, consent and sexual assault prevention into the school curriculum, Ohio is laying the groundwork for a generation that not only understands the legal aspects of consent but also internalizes the principles of empathy, communication and mutual respect.

Advocating for Victims' Rights in Ohio

Consent is not just about age; it's about the capacity for informed and voluntary agreement, considering mental competency and steering clear of coercion or manipulation. Victims of sexual assault of any age can suffer long-term physical and psychological trauma. Although holding perpetrators criminally accountable is vital, prosecution does not provide victims with the resources they need to receive treatment and move on with their lives.

If you or a loved one have fallen victim to sexual assault, the civil sexual assault attorneys at the Buckeye Law Group are committed to representing you in a civil case against your perpetrator. Our mission is to tirelessly advocate for your rights, aiming to enhance the likelihood of obtaining full compensation. We represent sexual assault clients on a contingency fee basis, meaning we only receive payment if you secure a settlement or win your case in court.

Start by discussing the details of your case with a civil sexual assault attorney today at Buckeye Law Group. Schedule a complimentary, confidential consultation by reaching out to us at 1-800-411-PAIN.