I have a friend who is under 18 and is dating someone over 18. I don't think they are having sex but my friend doesn't think that oral sex is a legal form of sex. So it is possible that she could be doing that. Is oral sex a legal form of sex?
2007-03-21 07:57:17 · 22 answers · asked by Kat™ 3 in Family & Relationships ➔ Singles & Dating
She is 16 and he in in his early twenties.
2007-03-21 08:01:19 · update #1
This is in the state of Texas.
2007-03-21 08:02:03 · update #2
The Relationship is completely consensual.
But I don't want her to make a big mistake, or worse get pregnant.
2007-03-21 08:03:00 · update #3
No; if she lives in Texas and is sixteen, and her partner is more than three years older, then it is illegal, and yes, specifically including oral sex.
§ 22.011 Sexual Assault: Any person who engages in sexual penetration or oral contact with sex organ with any person under 17 years old and where defendant is 3+ years older than victim. (Second Degree Felony)
While your friend will not get in trouble, it is a very serious matter for her partner; the mandatory sentence is 2-20 years in prison. Out of decency, you should warn them BOTH that he can go to jail, for a long long time. That's not worth it.
2007-03-25 03:31:05 · answer #1 · answered by T.Wang! 4 · 1⤊ 0⤋
The law would apply to ANY sexual contact - even kissing or just talking about sex.
Basically imagine an adult of ANY age being alone with a minor, anyone under the age of 18, and trying to kiss them or touch them or talk to them about doing anything sexy to each other. If the minor doesn't like it or is forced or persuaded into it, then it is statutory rape/molestation.
However, there is something called the "age of consent," which is 16 in most states. If your friend is at least 16, and it is obvious that she hasn't been pressured into this activity and she is fully aware of the consequences, then it's not illegal.
The law is there to protect the younger person, not punish them. So it's a gray area - your friend or her parents could have the boyfriend arrested if they think he pressured her, but the police won't necessarily press charges if it's proved that she gave consent.
Make sure she knows the dangers of oral sex and is taking precautions - she can't get pregnant from oral sex, but she still get STDs and AIDS.
2007-03-21 08:08:11 · answer #2 · answered by teresathegreat 7 · 1⤊ 0⤋
Yes oral sex is sex. Now if the girl is 16 and the guy is 18 or over it is not legal it is called statutory rape and her parents need to know before he gets her pregnant! You as a friend know about this relationship , go tell her parents it is the right thing to do! She may hate you today but she'll love you tomorrow!
2007-03-21 08:11:31 · answer #3 · answered by Tree70 4 · 0⤊ 1⤋
Oral sex is sex. Different states have different laws. In some states, the age of consent is 16 or 17 so you should check in your state. But if she is having oral sex, that counts too as statutory rape.
2007-03-21 08:00:45 · answer #4 · answered by Vexer D 4 · 3⤊ 0⤋
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2016-12-02 11:34:20 · answer #5 · answered by ? 4 · 0⤊ 0⤋
Having any form of sex (even oral sex) will be considered as rape of a minor.
Even in Texas the legal age of consent is 18. Which means that he would be committing rape.
2007-03-21 07:59:48 · answer #6 · answered by sinkablehail1978 5 · 3⤊ 1⤋
In some states, oral sex itself is not legal. You need to be a bit more clear on the ages and location to get a true answer.
2007-03-21 07:59:50 · answer #7 · answered by Sunidaze 7 · 2⤊ 1⤋
In most states oral sex is still considered a Form of sex. Think of it this way when a child is molested it is still considered sex wether or not there is penetration or if it is oral or "actual" sex
2007-03-21 08:00:51 · answer #8 · answered by resqshanna 3 · 2⤊ 0⤋
It's totally dependent on how far under 18 she is, and how far over he is. In most states as long as there is under 3 yrs difference in age, or the person is over the age of consent (usually 16, but it varies from state to state) then it is ok. If she is 14, and he is 40, then it is definatly illegal.
2007-03-21 08:03:39 · answer #9 · answered by fallingurrl 1 · 0⤊ 1⤋
Yes it is. It can be very dangerous as well. You can still get STD's from oral sex. And it is illegal for a minor to date someone who is over 18.
2007-03-21 08:02:21 · answer #10 · answered by Nameless 2 · 0⤊ 1⤋