My boyfriend is 17 years old, and on the 29th of this month he is going to be turning 18 years old. I myself am only 15, I however will be turning 16 years old on the 2nd of October of this year. My question, is since we will be only two years apart, could we still get in trouble for going out? Also, I have heard that if a person the age or over the age of 18 has the permission of the person under 18 that they can have intercourse; I would like to know if this is true or not. Thank you.
Under the laws below, it is not legal for a person 18 years or older to have sexual intercourse or sexual contact with a person who has not yet reached their 16th birthday. It also not legal for a person 30 years of age or older to have sexual intercourse with a person 18 years of age or younger. Under these conditions, consent of the underage party does not change the violation. There is no legal consent if the age requirement in the law is not met.
The actual Delaware laws are outlined below:
§ 761. Definitions generally applicable to sexual offenses.
"Sexual Contact" is defined as follows:
(1) Any intentional touching by the defendant of the anus, breast, buttocks or genitalia of another person; or
(2) Any intentional touching of another person with the defendant's anus, breast, buttocks or genitalia; or
(3) Intentionally causing or allowing another person to touch the defendant's anus, breast, buttocks or genitalia
which touching, under the circumstances as viewed by a reasonable person, is intended to be sexual in nature. Sexual contact shall also include touching when covered by clothing.
§ 768. Unlawful sexual contact in the second degree; class G felony.
A person is guilty of unlawful sexual contact in the second degree when the person intentionally has sexual contact with another person who is less than 16 years of age or causes the victim to have sexual contact with the person or a third person.
Unlawful sexual contact in the second degree is a class G felony.
§ 770. Rape in the fourth degree; class C felony.
A person is guilty of rape in the fourth degree when the person:
(1) Intentionally engages in sexual intercourse with another person, and the victim has not yet reached his or her sixteenth birthday; or
(2) Intentionally engages in sexual intercourse with another person, and the victim has not yet reached his or her eighteenth birthday, and the person is 30 years of age or older, except that such intercourse shall not be unlawful if the victim and person are married at the time of such intercourse; or
(3) Intentionally engages in sexual penetration with another person under any of the following circumstances:
a. The sexual penetration occurs without the victim's consent; or
b. The victim has not reached his or her sixteenth birthday; or
4) Intentionally engages in sexual intercourse or sexual penetration with another person, and the victim has reached his or her sixteenth birthday but has not yet reached his or her eighteenth birthday and the defendant stands in a position of trust, authority or supervision over the child, or is an invitee or designee of a person who stands in a position of trust, authority or supervision over the child.
(b) Subsections (a)(3) and (a)(4) of this section do not apply to a licensed medical doctor or nurse who places 1 or more fingers or an object inside a vagina or anus for the purpose of diagnosis or treatment or to a law enforcement officer who is engaged in the lawful performance of his or her duties.
Rape in the fourth degree is a class C felony.
(71 Del. Laws, c. 285, § 10.)