...has an intimate relationship with a 16 year old girl, and then the guy turns 18 while his girlfriend is still a legal minor, can he be charged with rape or is there some exemption since their relationship predates the guy's adulthood?
This is just hypothetical, it doesn't apply to me at all. It's just of those random thoughts we all get from time to time.
2006-12-07 16:49:25 · 8 answers · asked by Canadian Bacon 3 in Politics & Government ➔ Law & Ethics
the fact that the relationship predated the guy's adulthood doesn't matter. In some states, however, it is not actually illegal for an 18 yr old and 16 yr old to date. So, it just depends on the state.
2006-12-07 16:55:12 · answer #1 · answered by iloveeeyore 5 · 1⤊ 0⤋
You must check the specific laws of the place where you are. Ages of consent are different from place to place, in the US I believe it ranges from 14 to seventeen or eighteen. Many states, however, do not have a hard and fast number is the ages of the participants are close. For example, a state may set the age of consent in such a way that one must be 16 to have sex with anyone, but someone much younger is fairgame as long as the elder is still withing say 4 years of age. In a situation like that a 17 year old could have sex with a 13 year old without problems but an 18 year old could not.
If you are in a state were the age of consent is 16 you are fine. If you are in a state where the age of consent is higher than that, but includes a "close in age" exception you are likewise fine. If you are in a state where the age of consent is higher than 16 with no close in age exception you are in violation and probably were before you turned 18 also.
As to the person who mentioned rape is only lack of consent that is not absolutly true, one below the age of consent does not have the legal capacity to consent so even if she is begging for it, there is no consent. That is what statutory rape means.
Check your local laws.
2006-12-08 16:14:17 · answer #2 · answered by Zarathustra 5 · 0⤊ 0⤋
Orzoff, this is the second time I’ve seen you tell someone that they might be able to get out of statutory rape charges if the minor’s parents ‘approved’ of the sexual relationship. It’s completely INCORRECT. If the laws of a state are that sex with a child under X age is illegal then it’s illegal period, and a child’s parents cannot give their child and/or their child’s boyfriend/girlfriend permission to break the law.
Poster, the answer to your question depends on the law of your state. Statutory rape charges have nothing to do with the age of majority (which is 18), they have to do with the age of consent (and they are two different things, but in some states the age of consent is 18). It is possible for someone under 18 to be charged with statutory rape if they are over the age of consent and their partner is under the age of consent.
2006-12-08 09:32:30 · answer #3 · answered by kp 7 · 0⤊ 0⤋
An 18 year old with a 16 year is still statutory rape regardless of whether their sexual relationship predates his turning 18. It's a harsh law but that's how it plays out.
I believe one exception, however, is parental consent. If the parents of the minor consented to the sexual relationship with an adult then that is a defense....I think. I believe this is what R.Kelly's atorneys were asserting at one point b/c the girl's parents in that case were friends with R.Kelly and he hung out with that family a few times.
KP....I did some research and my answer is not COMPLETELY incorrect. Parental consent can, in a way, be a defense to statutory rape. If, for example, the parent's give consent for the minor to MARRY an adult, then any subsequent sexual relationship would be not be a criminal offense.
2006-12-08 00:56:17 · answer #4 · answered by orzoff 4 · 1⤊ 1⤋
rape is only when having sex without consent. if the girl is his girlfriend, there can't be rape. as for the age, it depends on your country. true in some countries its 16. in england its 18 but if the guy is under 21 and the girl is between 16 and 18, then the guy could claim that he thought that the girl was 18 and get away with it. anyway if everything is done between boyfriend and girlfriend, there is no reason why police should interfere.
2006-12-08 09:04:23 · answer #5 · answered by Anonymous · 0⤊ 1⤋
In the States a girl is considered out of the age bracket for statuary rape. It's under 16 that a guy can be charged with it. I don't think a 17 yr old should be charged with statuary rape of a 15 yr old either.
2006-12-08 00:55:34 · answer #6 · answered by Brianne 7 · 1⤊ 0⤋
It would be considered rape of course and the guy would be in jail and when he got out he'd have to register as a sex offender for the rest of his life which would mean he wouldn't be allowed to have kids or be around kids.
2006-12-08 01:21:37 · answer #7 · answered by baddrose268 5 · 0⤊ 1⤋
This is a good question. . .I've wondered this myself
2006-12-08 01:08:05 · answer #8 · answered by amber 3 · 0⤊ 0⤋