This process is known as the “emancipation of a minor” and can allow a minor to become responsible for his or her own welfare and make decisions regarding education, health care, and residence, among other things.
A child must be 16 or married to apply for emancipation, and courts generally decide emancipation cases with the minor’s best interests in mind.
West Virginia statutory rape law is violated when a person has consensual sexual intercourse with an individual under age 16, so long as the offender is more than 4 years older and not married to the victim.
West Virginia does not have a close-in-age exemption.
West Virginia laws are very specific about sexual abuse and sexual assault.
Sexual abuse occurs when a person subjects another person to sexual contact without their consent, and that lack of consent is due to physical force, threat or intimidation.
A person aged 11 can consent to sex with anyone aged under 14.
This provision allows partners who are close in age, or both under the West Virginia age of consent, to engage in consensual sex without fear of prosecution under West Virginia age of consent regulations.
And while parents and their children are arguing over when the kids will finally be grownups, laws in the Mountain State are a little clearer on distinguishing between minors and adults.
Here's a quick introduction to legal age laws in West Virginia.
Anyone who engages in sexual activity of any type with a partner under the applicable Age of Consent is breaking the law and can be charged with crimes ranging from a misdemeanor to a felony (statutory rape) depending on the jurisdiction in which they are prosecuted.
West Virginia's specific laws on the Age of Consent can be found above.
Age of Majority in West Virginia States minor laws define the age at which a citizen is considered an adult in the eyes of the law, also known as the "age of majority." Although these laws can vary, West Virginia is like most states and has an age of majority of 18 years old, or 16 if you are married.