In Vermont, the age of consent to engage in sexual activity is 16, meaning it is illegal to engage in sexual acts with individuals who are under the age of 16. However, there are some exceptions for consensual acts between individuals who are close in age (known as the Romeo & Juliet law). Individuals who violate Vermont’s age of consent laws may face both criminal prosecution and civil liability on behalf of the survivor. Furthermore, a criminal conviction may result in forced registry as a sex offender.
Exceptions & Legal Considerations for Vermont’s Age of Consent Law
While Vermont’s general age of consent is 16, state law recognizes several important exceptions and circumstances where sexual activity is illegal regardless of age or apparent consent, as outlined in Vermont law under 13 V.S.A. § 3252.
Sexual activity is never lawful if it occurs without consent, through force, threats, coercion, fear of harm, or when the person is asleep, unconscious, or otherwise unaware that the act is occurring. Vermont law also makes it illegal to engage in sexual acts with someone who is substantially impaired by alcohol or drugs when that impairment is known or reasonably should be known, including situations where intoxicants were administered without the person’s knowledge or against their will.
For minors, Vermont law strictly limits when sexual activity may occur. Sexual acts with a child under 16 are prohibited, with narrow close-in-age exceptions. Consensual sexual activity may be lawful only when the younger person is at least 15, the older person is under 19, and neither party is in a position of authority or trust. Marriage between the parties is also recognized as a limited exception under the statute.
Importantly, no age-based exception applies when the adult is in a position of authority, care, or supervision over the minor. Sexual acts are illegal when the child is under 18 and is the actor’s child, stepchild, foster child, adopted child, grandchild, or otherwise entrusted to their care by law. The same prohibition applies when a child under 16 lives in the same household as the adult and the adult serves in a parental or guardian-like role.
Violations of Vermont’s sexual assault laws carry severe consequences, including lengthy prison sentences, significant fines, and mandatory sentencing provisions for certain offenses. These laws reflect Vermont’s strong focus on consent, power dynamics, and protecting minors and vulnerable individuals, regardless of perceived agreement or age proximity.
