It means you have to go to court to prove you did the legal exemption to the law
An example in Texas I know offhand is on our age of consent law
It’s 17.
So if a 17+ sleeps with someone under 17 they can be charged with statutory rape
In Texas it is an affirmative defense if they’re within 3 years of each other.
So a 18 and 16 year old are legally okay in theory. (Sometimes it’s still prosecuted but it’s rarer)
Affirmative defenses are there usually as a check and balance thing. An over zealous prosecutor might charge someone but a judge and defense team has an out to throw out the case
Another way to look at it is “a reasonable person wouldn’t see this as a big deal”
Like self defense or a high school senior and sophomore sleeping with each other
It means you have to go to court to prove you did the legal exemption to the law
An example in Texas I know offhand is on our age of consent law
It’s 17.
So if a 17+ sleeps with someone under 17 they can be charged with statutory rape
In Texas it is an affirmative defense if they’re within 3 years of each other.
So a 18 and 16 year old are legally okay in theory. (Sometimes it’s still prosecuted but it’s rarer)
Affirmative defenses are there usually as a check and balance thing. An over zealous prosecutor might charge someone but a judge and defense team has an out to throw out the case
Another way to look at it is “a reasonable person wouldn’t see this as a big deal”
Like self defense or a high school senior and sophomore sleeping with each other