If the age of consent, can i, a 19 year old male, have sex and perform sexual acts with my 16 yr old girlfriend?
Criminal Defense Attorney
Assuming that your statement regarding the age of consent in Minnesoat being 16 is correct, than as far as the law is concerned she legally can consent to sexual acts. However, should she be prohibited by any other laws from being able to engage in sexual acts than you could be charged with some other type of crime. For example, is she herself were the subject of a guardianship/conservatorship, and/or had been adjudicated mentally incompetent the law would presume her to be an incapacitated individual who was not legally able to consent to sex and you could be criminally charged. If it were shown that she was under the influence of alcohol, or drugs, (presecribed, or otherwise), she could be deemed to be an incapacitated person and unable to legally consent to sexual acts.