I am 16 and she is 13, almost 14. People have told me that I can go to jail for being in any way physical with her. Is this true? This is a VERY serious question.
2007-02-26 01:44:30 · 12 answers · asked by leviwhalen 1 in Politics & Government ➔ Law & Ethics
We are not going to have sex.
2007-02-26 01:53:22 · update #1
All right - the first thing you have to do is clarify your situation.
#1: What state are you in?
I live in NY State and in NY, "statutory rape" doesn't exist. It's called "Sexual Misconduct" and it's Section 130.20 of the NY State Penal Law. Now, you can probably look up the penal law for your state online. Sometimes it can be confusing. But, in NY, your offense would be Sexual Misconduct if you "engaged in sexual intercourse with another person without such person's consent" or you "engage in oral sexual conduct or anal sexual conduct with another person without such person's consent". And "consent" is defined in Section 130.05, paragraph 3: "A person is deemed incapable of consent when he or she is: (a) less than seventeen years old". So, if you have sex, oral sex, or anal sex with her, then you are guilty in NY of sexual misconduct, which is a Class A misdemeanor. Congratulations.
Why isn't it rape, like every other nutcase on here is claiming? Because rape requires you to have sex with someone "who is incapable of consent by reason of some OTHER factor than being less than 17 years old" or it requires you to have sex with someone under the age of 17 when you are 21 or older. You don't fit that, so it's not rape. Now... if you force her to have sex, period, THEN it's rape because her inability to consent wasn't just her age.
Now, what about touching and such that isn't sex? Well, Section 130.60 is "sexual abuse in the second degree" and states that "a person is guilty of sexual abuse in the second degree when he or she subjects another person to sexual contact and when such other person is (b) less than fourteen years old", which would fit your current situation. "sexual contact" is pretty much anything but holding hands and perhaps a quick kiss on the cheek.
Most state penal laws are the same, although you can feel free to look yours up, if you'd like.
Now, as a 16-year-old... can you go to jail for a Class A misdemeanor? hmm....possibly, yeah. I wouldn't completely rule it out.
So, in the end, you can't do anything but hold hands and give a quick kiss until she's 14. You can't have sexual intercourse, oral sex, or anal sex until she's 17. And if her parents don't like you, then you better just pull the rip cord now, buddy, because you're too young to be wasting life on this type of crap.
2007-02-26 02:07:46 · answer #1 · answered by InfinityKitt 2 · 0⤊ 1⤋
True! At 16 there's a world of difference from a 13 year old! What are you doing? Find yourself a sweet mature 16 year old to play with and that way no one goes to jail!
2007-02-26 01:55:07 · answer #2 · answered by dr.dave 5 · 1⤊ 1⤋
If you are not having sex it is not illegal, but you should be dating someone your own age. A 13 year-old really should not be going steady with someone. Group dating is better.
2007-02-26 02:02:21 · answer #3 · answered by Ryan's mom 7 · 1⤊ 1⤋
Yes. The age of consent in the UK is 16, and in most of the US is 18. To have sex with someone under this age is to rape them - regardless of whether they consent or not, and to have sexual contact (within reason) is molestation.
2007-02-26 01:50:37 · answer #4 · answered by Mordent 7 · 1⤊ 1⤋
No. You'd have to have sex of some type for it to be illegal. Without sex, it's just a close friendship.
2007-02-26 02:09:43 · answer #5 · answered by David M 7 · 0⤊ 0⤋
yes....Although you are not legally an adult.....you can be charged with rape, this will not only ruin her life but yours as well. you should respect her, and not ask or force her to do anything that you would not want your own daughter (when you have one, and you will) to do. Think about it in these terms. But it has happened to where boys your age have been prosecuted for having sex with girls younger than them. And if she respects herself in any way...she will not let you....and if you think anything of her....you will not ask her.
2007-02-26 01:51:50 · answer #6 · answered by mrs_endless 5 · 1⤊ 1⤋
She is a child - you can be charged with statutory rape and other charges.
Go find someone your own age....why do you want to date a little girl anyway.
2007-02-26 05:54:33 · answer #7 · answered by Anonymous · 0⤊ 0⤋
check the law of your state. usually statutory rape laws involve an age difference of 4 years, but you better check first.
and above all, make sure your girlfriend is having a good time and feeling comfortable with what is happening
2007-02-26 01:48:43 · answer #8 · answered by squeegie 3 · 0⤊ 2⤋
As a practical matter- the only people who would likely charge you with any crime are:
1. her parents
2. your girlfriend (hell hath no fury like a woman scorned)
So- if you get along well with her parents and they are supportive of your relationship with their daughter, you probably don't need to worry too much.
And- always treat her with respect.
2007-02-26 01:54:04 · answer #9 · answered by Morey000 7 · 0⤊ 1⤋
Yes, it's called statutory rape. Get with someone your own age and leave the kids alone.
2007-02-26 01:47:49 · answer #10 · answered by tangerine 7 · 0⤊ 1⤋