Jail Bait

Everything About Fiction You Never Wanted to Know.
17 Counterproductive Public Service Announcements

Malory: For god's sake, Sterling, she's turning seventeen!
Archer: Oh, ew, sorry.
Lana: Even for you, Archer.
Archer: Come on, she doesn't look like she's turning seventeen.
Lana: No, she looks like she's turning eighteen.
Archer: Exactly! Plus, the Europeans use the metric system, so...

She's just 16 years old, leave her alone, they say...
—Benny Mardones, Into the Night

Sometimes they're Younger Than They Look. It may be difficult to realize this until it is too late, however. Especially if they claim to be Totally Eighteen.

In Real Life, it is a serious crime for a legal adult to have sex with a minor who is below the age of consent, usually 16-19 in North America and 14-16 in Europe, but in fiction is almost always 18, since that's the legal age in the US state of California, with the notable exceptions of Law and Order making it clear the age of consent in New York is 17, and Japan where the federal age of consent is 13,[1] although that one does cause some Values Dissonance when things get exported. The term for a person, or provocative pictures of them, who is under that age but looks either old enough or hot enough for onlookers to forget the difference is "Jail Bait." The "joke" about this was "15 will get you 20", only it isn't a joke — according to the law, a minor can't give proper consent to sex since a naive and hormonal teenager might not make the most sound decisions and an adult could exploit that, hence the term "statutory rape".

Now, there's a fine line between Jail Bait and ephebophilia, and it depends on where it takes place, where the perpetrator is from (some countries have "sex tourism" laws) and how old the victim is. Generally, sexual interest in anyone under 13 is considered paedophilia.

There's also been some recognition over the years by some state legislators that it doesn't make much sense to send someone to prison for several years because they're a few years older than their partner, just because one is of age and the other one technically isn't (or both are under age, like a 16-year-old with a 15-year-old). Most states have what are called "Romeo and Juliet" laws, where if the age difference is within three or four years, it's generally not a crime or if it's still a crime it's been reduced to a low-level misdemeanor (maximum 6 months in the county jail and possibly a fine as opposed to years in state prison and registration as a sex offender). Conversely, some jurisdictions impose a higher minimum age (18 instead of 16 in Canada, for example) if one of the pair is in a position of trust or authority over the other (such as a coach or instructor).

See also Legal Jailbait and The Jailbait Wait. Contrast Dawson Casting. Not to be confused with Jail Bake. Compare Fille Fatale which is a more...proactive version of this trope.

No real life examples, please; tell your local police force, not us.

Examples of Jail Bait include:

Anime and Manga

  • In Mirai Nikki, the two protagonists are both 14 years old. However, the story makes it reeeeeeeeeal easy to forget that fact. Besides almost being raped at one point, the female lead is constantly seen in a bra and panties (or less), chapter 52 showcases the two of them having sex, complete with fully-exposed breasts. A case of Values Dissonance since the age of consent in Japan is 13.
  • Neon Genesis Evangelion features Asuka Langley Soryu and Rei Ayanami, both of whom are 14 and who are repeatedly depicted sans clothes or in suggestive poses. As with the above example, it is a case of values dissonance.
  • Nadia: The Secret of Blue Water‍'‍s titular character is yet another 14-year-old, who spends the majority of her screen time in a stripperiffic circus costume and is depicted as quite nubile, despite her age. This is often used for Fan Service; at one point she spent almost two full episodes nude.
  • Zigzagged and Downplayed in Yu-Gi-Oh! GX, where Camula uses a sort of spirit form to capture Syrus (who is not only underage, but younger than most of the cast) and hold him hostage in her duel against Zane. Suffice to say it's... suggestive. Of course, Camula has something far different in mind, and ultimately, she pays a much higher price than most villains in the series.
  • Hentai of underage characters is notorious for being a legally gray example of jailbait, due to the debate whether it's real or just simulated pornography. Most civil law countries generally hold that it is simulated and is thus not jail worthy, as does the USA. Most non-American common law countries, however, consider such pornography to be real and thus jail worthy; in a particularly (in)famous example, New Zealand banned High School DxD (which is ecchi, not hentai) for merely featuring "sexualized underage characters" in 2013.
  • In One Piece, Jewelry Bonney is one of many Ms. Fanservice characters who is often shown in “cheesecake” scenes. One rather risque scene occurred at the beginning of the Egghead arc, where she was literally topless, her breasts covered by her long hair. Fans never thought much of it, as she is hardly the only female character featured this way. However, later in the same arc it is revealed that she is, in fact, only 12 years old, her adult appearance the result of her Devil Fruit power, which lets her alter the age of anyone, including herself. While this information does make a lot of sense in hindsight, many fans have felt retroactively dirty upon learning it.
  • My Hero Academia; again, downplayed the way Midnight lulls Sero to sleep during the Final Exam arc. It would have been... creepy to a viewer who does not know it was a drill.

Comic Books

Film

  • Porn movies, in general, tend to put disclaimers at the beginning claiming all actors are legal age, given the penalties for casting someone who is not.
  • In the movie Lifeguard, the chief lifeguard warns his assistant that having sex with an underage girl — even if she's willing — is a crime. Then he goes ahead and has sex with one anyway after warning the trainee that it's a bad idea.
  • MTV had a TV movie about this named after the trope. The reason why it's notable is that the titular jailbait later became the Pink Ranger on Power Rangers SPD.
  • In Animal House, Clorette drunkenly blurts out "I'm only thirteen" during a makeout session. The line was actually a Censor Decoy put in so that the writers could get away with "I'm only seventeen" as a "compromise", but it went though without modification.
  • In One Flew Over the Cuckoo's Nest, McMurphy is serving out a sentence for statutory rape. During his interview with Dr. Spivey, he says, "She was fifteen years old going on thirty-five, Doc, and she told me she was eighteen."
  • Possibly the only time James Bond says "no" to a woman is for this reason; in For Your Eyes Only he declines Bibi's advances because she is underage.

Literature

  • Male example in Haunted. Brandon Whittier is a thirteen-year-old boy suffering from progeria, which causes him to age at seven times the normal rate. He amasses a fortune by telling his nurses he's eighteen, begging them not to let him die a virgin, and then revealing his age and demanding money in exchange for not reporting them.
  • In the early Posleen War Series novels, Cally O'Neill's apparent age, actual age, and willingness to defend her virtue at gunpoint caused posters with her picture on it to be put up all around her home town with the message: WARNING: Jailbait. To be considered armed and dangerous.
  • The Sexteens and the Fake Goddess by Frederic Tremblay et al. bills itself as "The Most Controversial Teen Novel that Will Change your Life Forevermore". More likely, it would've silently passed under the radar along with the rest of the largely self-published slushpile that is Smashwords – were it not for the minor detail that Mr. Tremblay was a high-school civics teacher. And chairman of the Ontario College of Teachers' discipline committee. And an elected member of the College's governing council. Ultimately, he resigned from everything and gave up his teacher's licence.

Live-Action TV

  • In the first episode of Californication, Hank has a one-night stand with a young woman who turns out to be the sixteen-year-old daughter of his ex-girlfriend's fiancé (though he did not know who or how old she was at the time). Three seasons of blackmail and plagiarism later, the truth is finally revealed, and Hank is arrested and charged with statutory rape.
  • When new watcher Wesley expresses interest in Cordelia on Buffy the Vampire Slayer, this is Faith's response:

"Uh, first word: jail; second word: bait."

  • In one episode of NCIS, one particularly Jerkass suspect alibied out of the Murder of the Week because he was having sex with a senator's seventeen-year-old daughter at the time. Ziva promptly (and rather smugly) arrested him for statutory rape.
  • British police drama The Bill had an interesting example. A drunken man picked up a very willing female partner in an adult nightclub and ended up bedding her. Some months later this girl's mother found out about it and reported them to the police since her daughter was under the age of consent (16 in the UK). The police established that the fourteen year old had deliberately used clothes and make up to make herself look older than she really was, and persuaded the male to confess, reasoning that he had been careless but that it wasn't really in the public interest to prosecute him so he would be given a slap on the wrist and let go. Then it transpired that the girl's birthday was incorrect due to adoption or some other reason, so she was actually thirteen. Except that a few months ago when the incident took place she was twelve, thus meriting a statutory rape charge. That the unwitting guy had just confessed to. Oops.
  • Married... with Children:

Music

  • The song "Jailbait" by Motorhead is about underage groupies who show up at the band's shows.
  • "Christine Sixteen" by Kiss is about an older man who becomes infatuated with a sixteen year old girl. Because of the controversial subject matter many radio stations refused to play the song when it was released in 1977.
  • Winger's most popular song, "Seventeen", is about a man who meets a woman he is intensely attracted to, and his surprise when she tells him "I'm only seventeen."
  • Hot Child in the City (1978) by Nick Gilder is about child prostitution: "I've seen a lot of young girls, 15 and 16, walking down Hollywood Boulevard with their pimps. Their home environment drove them to distraction so they ran away, only to be trapped by something even worse."
  • ABBA. Does Your Mother Know?
    • Inspired, according to Björn Ulvaeus, by a newspaper article. “It was most likely about predatory older men using younger women, and I had the idea of reversing the situation and creating a song about a man who, instead of trying to pick up a girl, turns round and says, ‘Oh, what are you doing out tonight, does your mother know that you’re out?’”[1]
    • The ABBA Jukebox Musical Mamma Mia! inverts the trope by having an older woman singing this song to a younger man.
  • Joan Jett, anyone? In her signature song, "I Love Rock and Roll", she declares "I knew he musta been about seventeen." Joan was 21 when she first covered the song on a recording.
  • Proyecto Uno's Spanish cover of Fannypack's "Nu nu (yeah yeah)" changed the lyrics to be about the singer finding out that the very hot girl he has been dancing all night is actually fifteen years old, and feeling very conflicted because the girl looks sexier and even more mature than the singer's ex.

Video Games

Web Comics

  • In one early story arc of Least I Could Do, Rayne met a girl in a bar, and slept with her, not unreasonably assuming that she was over 18. However, she was actually 16 and still in high school. Rayne was arrested but eventually acquitted as there was no way he could have known she was under age, since 16 year old high school students aren't supposed to hang around in bars. Rayne them asked if this meant he could legally sleep with sixteen-year-olds if he met them in bars, causing John and his lawyer to drag him out of the courtroom.

Web Original

Rikku: Well, just give me five or six more years. (Slaps her ass)
Spoony: Woah! You are a prison sentence waiting to happen kid!

    • Although, interestingly enough, Rikku herself mentions that (mainly due to the influence of Sin shortening everyone's life spans) many girls her age in Spira are getting married... and presumably everything that comes with that.

Western Animation

  • Ultimately averted in the Teen Titans episode "How Long is Forever?", although many fans noted that the adult Nightwing seemed to be getting a little too close to the still-teenage Starfire.
  • This is where the protagonist of Archer draws the line; in one episode, he refuses to have sex with Anka, despite local laws making her two years above age of consent in the country they're currently in.
  1. although almost all localities have local laws making it 16 or 18
  2. It only lasted seven episodes, but that was still longer than the other two attempts.
  3. Note that the age of consent in the game's country of origin is actually 13 making this a case of Values Dissonance as well.