My girlfriend is 16, and I am 17. We've been intimate for the past few months out of a 7 month relationship. She's recently moved to Texas, as I'm in Germany with my military parents, and her mother found out a week or so ago, and called me telling me I can't come visit her as planned, call, e-mail, etc etc. (I've still been talking to her thank God.)
But now her mom has decided to press charges against me. How can this happen? First off, I am underage, and we are both minors. It was consentual, and she has told her that. Is there anything I can/should do? Or is this one of those things where I'm screwed? Thanks!
2006-09-19 18:19:20 · 7 answers · asked by U.S. Army Infantry 1 in Politics & Government ➔ Law & Ethics
I had to do a bit of research on this one, since you never actually said what state/country you were in when you were "intimate". Here's what I've come up with for the three possible locations availible in your question:
If you were in Texas: age of consent is 17, but you are fine as long as you are within 3 years of the age of the "victim". Since you are only 1 year older, no statutory rape charges in Texas.
If you were in Germany on a U.S. military base: age of consent is 16, so as long as she was 16 before you started being "intimate", no statutory rape charges. If she was only 15, you could be in for some trouble.
If you were in Germany off the U.S. military base, age of consent is 16, so no statutory rape charges. Also, if she was 15 when you started being "intimate", you will still be okay, since you are under 22. In Germany, a 14 or 15 year old can have sex with someone who is between 14 and 22.
So from everything I could find, it looks like you will probably avoid any criminal charges for your relationship with her. If you had been charged with statutory rape and convicted (in the U.S.), you would still have had to register as a sex offender, even though you are a juvenile. But even though you won't be charged for being "intimate", doesn't mean her mom can't find something else to hit you with, such as harassment or trespassing or anything else if you don't obey the contact rules she sets out for you and her daughter. Don't get yourself in any more trouble. If you really care about this girl, go along with any restrictions her mother places on your relationship and count your blessings you're not going to be a felon.
2006-09-19 20:09:19 · answer #1 · answered by RJ 4 · 0⤊ 0⤋
Definitely research the "age of consent" laws for your area. Where I am from, it is 16 for girls. If you two were being intimate before she turned 16, and if 16 is the age of consent in your area, I think you can actually be charged. (It is as low as 14 in some places, I believe.) Since you are under 18, it will NOT be statutory rape! It may be rape if she was under the age of consent at any point of your intimacy, but as YOU are a minor, it would not be STATUTORY.
However, I'm not sure that her mom CAN file charges against you without testimony from her daughter. Another thing to research.
Since you are underage, even if she DOES file against you, the punishment should not be severe. And, any record would go away at age 18. You would not have to register as a sex offender or anything.
As far as dealing with the mother, I would send her a letter (a hand-written one, preferably) explaining that you care deeply about her daughter, and that you understand that her approval is important to continuing the relationship. Promise (sincerely) that you will no longer be intimate with her daughter. And, if she would allow you to visit, say that you would sleep in separate rooms, stay out of her bedroom unless the door remained open, and only date in public places (like movies or dinner). It may suck, but it's more important that you see your girlfriend than get to do that with her, right?
2006-09-19 18:32:36 · answer #2 · answered by Esma 6 · 0⤊ 1⤋
*I am no legal expert (give me 3 more years). I suppose that if her mother decides to press charges the law that would apply would be U.S. law. Upon some research I've come across, if the charges fall under the jursidiction of U.S. law the age of consent is 17 years of age that means that your girlfriend has not yet reached the age of consent. As convention I believe that the law recognizes age of consent to be 18 and older, which would suggest that the codified age of consent under Texan law would be completely arbitrary. Just to remind you I'm no lawyer and neither am I an expert in U.S. law, however this is what was codified in U.S. law. I'm not sure what German law would have to say about statutory rape.
2006-09-19 18:40:53 · answer #3 · answered by GQ_Finest 2 · 0⤊ 0⤋
You won't be charged as an adult and as there is such a minor age difference between you I think it is to keep you away from her!
However, as she was under 16, and therefore the sex WAS NOT consensual, as she can't give it legally, you can be charged as a Juvenile Delinquent!
However, that will never happen either as you probably will be 18 when you get back to the states!
I would NOT try and visit her!!
Sounds like you got screwed!! Figuratively!!
2006-09-19 18:28:09 · answer #4 · answered by cantcu 7 · 1⤊ 0⤋
Generally if the 2 people are within 2 years of age difference, you are safe. Check for the state she lived in while you were intimate.
http://www.moraloutrage.net/staticpages/index.php?page=states
You have to read carefully, as it has the whole actual law, but for TX it says you can be within 3 years of each other.
2006-09-19 18:37:29 · answer #5 · answered by Anonymous · 0⤊ 0⤋
First of all it depends on several issues...where the "intimacy" occured makes a big difference because each state has different laws on what the age of consent is. I can't really tell from your post what state you were in when this happened..but it all depends on what that state's laws are on the matter.
2006-09-19 18:24:13 · answer #6 · answered by Mrs. MP 3 · 1⤊ 0⤋
As long she's underaged as stated in ur country law, consent or no consent, it is statuory rape. You're screwed big time.
2006-09-19 18:30:31 · answer #7 · answered by bluey 2 · 0⤊ 0⤋