Two court cases address the question of whether a child sexual abuse report is warranted in the case of a child under fourteen who is sexually active. In the case of Planned Parenthood Affiliates vs. Van de Kemp (1986) 181 Cal.App.3d 245, the court stated that sexual activity alone does not imply sexual abuse. If, in the judgment of the reporting professionals, there are no indicators of actual sexual or other abuse, then voluntary and consensual sexual behavior between minors under the age of fourteen who are of similar age need not be reported.

In the case of People vs. John L., (1989) 209 Cal.App.3d 1137, the court determined that Penal Code Section 288(a) prohibits all sexual contact with persons under the age of fourteen, regardless of the young person's consent, if the offender is over age 14.

It should be noted that even in light of these two decisions, legally mandated professionals must report instances of sexual contact between children (under 18) if they suspect that the child has been sexually coerced, abused or exploited. It is also worth noting that even in children over fourteen the issue of consent must be carefully evaluated. A history of sexual abuse may lead a child to view further abusive situations as familiar and normal, thus impairing that child's ability to protect him/herself from further abuse.