My boyfriend's ex and him didn't have sex but everything leading up to it(i'm over it and forgave him(side note)). She sometimes threatens to report him. When it happened he was 18 and she was 16. I was just wondering if she can still report it even after she turns 18. Which is in less than a month. Please write if you know anything on this subjects. And isn't technically not statuatory rape if they didn't have sex and all the stuff they did, she agreed to do and wasn't forced.
2007-01-08 03:32:42 · 12 answers · asked by REA 1 in Politics & Government ➔ Law & Ethics
A lot of people gave very misleading answers.
(1) Yes, it can be statutory rape if it's oral, etc. depending upon your state (usually the exact acts are spelled out in the statute... it's kinda funny to read actually)--most of the time manual and oral penetration count.
(2) It's probably not statutory rape. In almost every state, the age of consent is 16, not 18 (of course, porn/stripping/etc is 18, which means that you can have sex with a girl but can't take her picture, an interesting paradox but true most places nonetheless). And in many states, there's usually a "gap age" rule, as well, (like, if you're under 18 and have sex with someone 2-3 years older than you, that person is not guilty of statutory rape). There are a few states with higher ages of consent, but only a very few.
(3) Yes, she could report it, because the statute of limitations on the crime would probably not have run in 2 years.
(4) If she reports it to get back at him (she, after all, was a consenting party) no one is going to charge, because she's not a credible witness. And depending upon the state's laws, she may be charged with malicious prosecution, abuse of process, or aiding and abetting statutory rape.
2007-01-08 04:23:19 · answer #1 · answered by Perdendosi 7 · 0⤊ 0⤋
Statuatory rape is really a law set up to keep kids safe from coersion. It's something we keep our eyes out for in our family planning clinic. But really, the red flags go up when it's a 13- or 14- or even 15-year-old girl (or boy) with a person 18 or older. When the age is similar, like in this case, we don't get too razzed. Because there was no sex involved, because their ages are so close, and because it sounds like so much time has passed my guess is that if she did report him, she'd be more of a nuisance to the court system than anything else. I'm guessing that no one would take her seriously unless she claimed she was raped.
2016-05-23 10:31:02 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Your boyfriend should get a lawyer since the age of consent is different in every state, She may decide to call the police and tell them anything, In most states this might be a felony charge. That means that she would be able to press charges for up to 6 or 7 years after she becomes an adult. This is something that could put him in prison for quite a long time depending on where it took place.
It sounds like his ex needs some help.
2007-01-08 03:41:21 · answer #3 · answered by Anonymous · 2⤊ 0⤋
While most of the answers thus far are good and potentially correct, one thing keeps nagging at the back of my brain:
the courts will almost always take her word as correct over his as to whether or not penetration occurred without any other evidence.
Most states have the age of consent at 16. Unless this occured in another state with a higher age of consent and no force is inferred, she doesn't have a case.
2007-01-08 04:14:54 · answer #4 · answered by Phil #3 5 · 1⤊ 0⤋
Wow, if your friend is threatening to repor ther boyfriend for statutory rape, and they didn't have sex...
SHE IS A REAL *****
but anyway,
1. no sex, no statutory rape
2. depending on how long ago it was, the statute of limitations may have passed (doubtful)
3. many states have a 4 year grace period, so because they were only 2 years apart in age, even if they did have sex, it isn't statutory rape
2007-01-08 03:38:03 · answer #5 · answered by BigD 6 · 1⤊ 0⤋
No sex = no statutory rape, period. Also, the age of consent in your state maybe 16 making her point moot to begin with. No prosecutor is going to take this to court even if she does try to file charges. Tell this girl to get a life and find a new boyfriend.
2007-01-08 03:47:48 · answer #6 · answered by msi_cord 7 · 1⤊ 0⤋
your description doesn't sound like a crime was committed at all, even though he was 18, he was within two years of her age. it cannot be tried as stauatory rape because of that. and without intercourse it would be sexual assault, possibly aggravated by being underage-not sure on your states laws. but it would be safe to review your own state laws and, if you think this girl is really serious, consult with a lawyer about a proper course of action.
almost forgot- you better be sure your boyfriend is telling you the truth about the specifics- he could be lying to you to try and cover up because he might think you'd dump him. be sure of your facts-
there may have been rape, possibly not consensual sex and the ages may have been different-
2007-01-08 03:40:14 · answer #7 · answered by Lane 4 · 1⤊ 0⤋
She can report him as long as the statute of limitations didn't run out (probably 5 years or so). Even if no sex happened, she can still report him for "lewd and lascivious conduct with a minor."
2007-01-08 04:52:03 · answer #8 · answered by infobrokernate 6 · 0⤊ 0⤋
Ummm...why does he still have contact with her? Sounds like she is trying to use it to manipulate Him, maybe back into a relationship. Well anyhow, No: they were only 2 years apart, she was over 16, (the legal age in most states), and there was no penetration. He is probably fine. Check you local laws for better info. He should lose contact with her.
2007-01-08 03:44:27 · answer #9 · answered by higg1966 5 · 1⤊ 0⤋
YES - depends on the statute of limitations.
I don't know (and would prefer not to know) the details. Maybe it's endangering the welfare of a minor.
Although some states have execptions if the people are close in age.
2007-01-08 03:52:50 · answer #10 · answered by American citizen and taxpayer 7 · 0⤊ 0⤋