Is it statutory rape?

Question

My best friend and his boyfriend recently had sex for the first time in their relationship. My friend is 18 and his boyfriend is 15. My friend's parents are not okay with him being gay and are threatening to press charges against him. They sent him to a therapist who, after she talked to him, called an attourney on behalf of his parents. (She turned out not to be a licensed therapist.) Could he be accused of statutory rape or a "crime against nature"? We live in North Carolina.

Answer 1

No matter whether there was consent involved, if the 15-year-old is under the age of consent for the state, it is statutory rape. Check the laws for the state in question.

Answer 2

The age of consent in North Carolina is 16 years of age. A juvenile who has not reached the age of 16 years CANNOT consent to ANY sex act with a person who is at least four years older. The younger the juvenile, or the older the person with whom the juvenile performs the offense, the greater the punishment.

In your friends case, because he is less than 4 years older than his partner, the charge would be a lesser one - most likely "sex offence" rather than statutory rape.

In NC, a "Crime Against Nature" is a Class I felony
can attract a 3-12 month jail term, and yes - it's possible your friend could be charged with that.

Answer 3

It's wrong to have sex with the person who is under age, but some docter or physcologist might prove that some children are more mature than their physical age. But is it ok to be bullied by a non-licensed therapist? Or is it anyway to solve this in peace? I think it's the right time to have both of the family sit down and talk about homosexuality in frankly way. I think the parents might be homophobia but it won't solve this problem. If they don't agree that it, then, do something that really works. Threathening the gay will not make them straight.

Answer 4

It could be statutory rape but the boyfriend has to testify that it actually happened and if he truly cares for your friend he won't. Unless the parents walked in on it or there is a taped conversation it will be hard to get your friend convicted without the confession of your friend or the testimony of the boyfriend.

Oh and about the therapist, were they passing themselves off as licensed? If so should get in quite a bit of trouble.

Answer 5

Depending on the laws in your state, your friend is considered an adult at the age of 18. At 15 you are still by law a child, you already know what I am going to say. This is acceptable if the sexual act was consentual by the 15 year old. If it was, then there shouldn't be an issue, but parents are very influencial here and the 15 year old has to make it very very clear that he did consent to the sex. If he did consent, there should not be a problem, but it can be argued in a court of law. That is why its very important and tricky to have sex at this age with an adult. Take care Heather

Answer 6

I can't help you specifically because I'm not from the States so take what I say with a grain of salt at least....

I know that in canada it might not be a big deal because they're within 5 years of each other (both may need to be minors to have it work though).

You could also check to see if your 18 year old friend has reached the age of majority in your State. You might be able to dodge it that way if he's lucky....

The "Crime against nature" thing sounds like BS to me. Unless you guys have some holdover for the sodomy laws then he's probably ok on that score.

Also, if they haven't engaged in anal sex then they might be alright on that score.

You could also argue that the policy of the provision is simply to sexually protect children from older adults preying on them. You could then say that your friend does not qualify as an older adult.... he's still a child.... might still be a minor.... etc etc.

I wish you and your friends the best of luck!

Cheers,

Answer 7

It may not be called statutory rape there, but something like that, yes. Or "contributing to the delinquency of a minor" or "child endangerment", which are easier to convict on. However, most DA's won't pursue a case with a consenting 15 year old. They'll probably offer a plea deal with probation, if anything comes of it. Vindictive parents hold all the cards, I'm afraid. Boyfriend needs to be in touch with a sympathetic attorney ASAP, I'd say.

I just love the message it sends when the person who loves you and who you love can be sent to jail and punished for loving you.

Answer 8

The statutory rape could be charge against him, yes. However, the charge of "crime against nature" would be a new one to me and the law books unless there was an animal involved! Plus, the "therapist" herself could and should be brought up on charges for falsely advertising herself as a therapist!

Answer 9

§ 14‑27.7A. Statutory rape or sexual offense of person who is 13, 14, or 15 years old.

(a) A defendant is guilty of a Class B1 felony if the defendant engages in vaginal intercourse or a sexual act with another person who is 13, 14, or 15 years old and the defendant is at least six years older than the person, except when the defendant is lawfully married to the person.

(b) A defendant is guilty of a Class C felony if the defendant engages in vaginal intercourse or a sexual act with another person who is 13, 14, or 15 years old and the defendant is more than four but less than six years older than the person, except when the defendant is lawfully married to the person. (1995, c. 281, s. 1.)

Answer 10

What your friend did qualifies as statutory rape. He can be prosecuted or his parents can be prosecuted or, perhaps both. Whether they will is another question entirely. The fact is that the 15 year old is a child who is not of age to make decisions for himself. The therapist acted properly licensed or not makes no difference whatever.