Ok my friends gf is 16 and my friend is 18, They have been having sex since before he was 18 he jsut turned 18 3 months ago, and her parents knew they have been having sex they even put her on b/c. and now my friend and his gf are arguing and she is saying he is going to go to jail, but I say she cant do that since they was having sex before he was 18 and her parents know so they cant do anything, What do you all think.....
2006-09-13 11:31:16 · 24 answers · asked by sweetie55 1 in Politics & Government ➔ Law & Ethics
16 is the legal age of consent in most states.
2006-09-13 11:32:48 · answer #1 · answered by Eos 4 · 0⤊ 0⤋
This will depend on the state but most of them do not arrest people if one is 18 and the other is 16+
2006-09-13 18:39:01 · answer #2 · answered by Anonymous · 0⤊ 0⤋
It really depends on the laws in your state. They vary so widely that not having that one piece of information really hurts our ability to answer you.
However, as long as she's a minor, it's safe to assume that if she decideds to file a legal complaint, he can at least be arrested for statutory rape if they have had sex since he turned 18. All she has to do is say "I used to think it was alright, but I changed my mind and he didn't stop." Then your friend has to try to prove that she's not saying it just to be spiteful. Which isn't easy.
2006-09-13 18:37:49 · answer #3 · answered by Anonymous · 0⤊ 0⤋
16 is the legal age in most states, and even if not in yours, if the parents and kids are all concenting in there relationship no files can be charged. it may turn ugly for a day or two if she decides to actually file a complaint with the police because of a break-up, but it will fizzle out quick once an investigation is underway
2006-09-13 18:45:53 · answer #4 · answered by steevo 3 · 0⤊ 0⤋
As long as nobody files a report or anything like that, he won't go to jail. BUT, he can go to jail even if they were having sex before he turned 18. He can be charged with statutory rape. Let's hope that they don't break up because sometimes girls get mad or her parents get mad and then she can file a report and he will go to jail.
2006-09-13 18:34:47 · answer #5 · answered by speedy_me18 5 · 1⤊ 0⤋
I think she, or her parents can have him arrested if there is possibly a technical violation of the statutory rape statutes. (Depends on the state laws.) Proving or trying to prove guilt might make the girlfriend and/or her parents look really bad though - leaving them open to a possible civil suit or worse.
If she wants to break up with him she's better off just doing it, cutting her losses and getting on with her life. Harboring hatred and bitterness will hurt her more than him.
2006-09-13 18:41:28 · answer #6 · answered by CJohn317 3 · 0⤊ 0⤋
He technically can be arrested for statitory rape. The fact that his parents her parents knew is not a factor anymore if they are broke up and she and her parents want to press charges. Of corse he can testify in court and tell his side of the story, there is a good chance he wont go to jail, but he can be arrested.
2006-09-13 18:35:37 · answer #7 · answered by Anonymous · 1⤊ 0⤋
No,he shouldn't.16 is "The Age" (in most states including mine) when it's perfectly legal.
Why they would I'll never know.But I think your friend is fine for now.Unless something more comes of it...such as a pregnancy and him not paying child support,or him raping her or some other things on that order.
2006-09-13 18:37:24 · answer #8 · answered by JennaBee 1 · 0⤊ 0⤋
It all depends on what state she lives in. It's irregardless whether it was consensual or not the law is the law. I'm not sure if they can prosecute or not with both of them being minors - if he had sex with her after he turned 18 that is totally different ballgame.
2006-09-13 18:35:17 · answer #9 · answered by Common Cents Genius 2 · 0⤊ 0⤋
Yes, he most certainly can go to jail. A minor cannot give consent legally to have sex so he could be found guilty of statutory rape. He could go to jail for many years.
2006-09-13 18:39:37 · answer #10 · answered by notyou311 7 · 0⤊ 0⤋