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Will someone be prosecuted for having sex wtih a minor if it was consensual for both of them? What would most likely happen to an individual if they just turned 18 and the girl was 15? What if the girl had asked, and the only reason they are in trouble is because her parents found out, the girl doesn't want to press charges but her parents do, What will happen. Please no suggestions, just facts if you know them. Thanks.

2007-07-10 17:11:06 · 28 answers · asked by yachtz_man405 1 in Politics & Government Law & Ethics

28 answers

depends on the state, and in most cases a prosecutor would want to know especially if it was an established relationship or if one party was in a position of power over the other.

I would call a lawyer, asap.
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For the record it is called statuatory rape because the state is pressing the charges, parents have nothing to do with it. State laws are called statutes, local laws are ordinances, so on. This is not the law, but speaking about similar cases there is roughly a 3 year allowance. And the age of consent in most states is 16, some 18, and missouri and I think south carolina are 14. If it was you, or someone you know - hire a lawyer like now, there are mandatory sentencing guidelines in some cases so whoever this is could be looking at a long life of tax payer subsidized meals. And stop talking about it, don't think this stupid yahoo! answers thing couldn't end up in court.

2007-07-10 17:15:03 · answer #1 · answered by Anonymous · 1 2

It depends on the state where this happened but i can tellyou this - if the legal age is 14 nothing will happen - if the legal age is 16 you can make yourself ready for - at the very least - probation and a criminal record as a sex offender which requires you to register and follow some very strict guidelines. If she is still legally a minor it does not matter if she initiated it, it does not matter if she wants to press charges or not - her parents (once the authorites are made aware of the crime, may not even have a say as to wheter you are prosecuted or not. Some states have passed laws that once the crime is known they (the state) can prosecute with or without a person signing acomplaint) are her legal guardians and with or without her consent bring charges against you. The fact is - if the state law says the girl was a minor at the time of the incident you have committed a crime regardless or the girls actions and you may be punished to the extent the law allows. Be prepared to do some jail or prison time, a long probation or parol and the sex offender registration - which will haunt you the rest of your life. Those are facts.

2007-07-10 17:27:08 · answer #2 · answered by Clinton F 2 · 0 0

Depending on the circumstances, and the difference in the age, sometimes it may amount to nothing. If the ages are very close (say 16 1/2 and 18) they probably won't do anything major. 15 and 18, though...that's when it starts getting tricky, because you're probably dealing with a high school graduate, and someone who hasn't even been to prom yet (most likely...just using that as an example to illustrate the example.)

However, just because the girl "consented" won't mean anything. Sure, it does mean that you wouldn't have aggrivated assault thrown on top of the statutory rape, but the idea is that the 15-year-old girl isn't mature enough to be mentally capable of knowing the reprecussions of sex, and therefore, their judgment can't be trusted...same reason most contracts won't involve anyone under 18. In most (if not all) a 16-year-old's signature isn't a legally binding signiture.

Since the girl isn't 18, her guardians will be the ones to decide about pressing charges, not the girl. They will let her press them without her parents, but they won't let her say no.

2007-07-10 17:13:43 · answer #3 · answered by spudmunkey 4 · 2 3

Yes! Whoever it was could be prosecuted! The main point isn't the fact that it was consensual (because of which the individual will not have as hefty a sentance), but she was still under age. The guy and girl should both go to jail: the guy for going along with it and the girl asking for it. Kids are growing up too fast these days. You'll be sorry when you're pregnant with three kids before you're 18 and no future.

2007-07-10 17:15:17 · answer #4 · answered by Agent D 5 · 0 0

Actually, in Indiana(heard it on the news today) a 14 year old can have consentual, up to a 4 year differences in age. Perfectly legal. It varies by state, but that is the new deal for Indiana.

2007-07-10 17:16:06 · answer #5 · answered by Kooky_Cowgirl 2 · 0 0

18 years old is an adult, 15 years old is a minor. End of story. There are plenty of horny 18 year old ladies out there, so I nor the court that will prosecute have no sympathy. It's all about control and responsibility.....Minors just don't make good sound decisions, like adults are supposed to. That is why these statutory rape laws are in effect...

2007-07-10 17:27:46 · answer #6 · answered by Anonymous · 0 0

~Since as a matter of law, a fifteen year old can't consent, it wasn't consensual. Yo, stud, it's called rape and if the parents push it, you'll do some serious time. In at least 15 states, after you do your time in prison (ranging up to 25 years in some states), you could be committed for life in a sex offender civil facility. Enjoy your almost pre-pubescent puzzy while you can, because if her folks want a piece of you for the piece of their baby girl that you had, you're going to be spending a lot of time either with your hand or picking up soap in the shower. Pick on someone your own age. Were she my daughter, you'd be behind the wall already. Those laws were written for a reason - and it appears you exemplify that reason. (By the way, does she have a 12 year old sister? She's way too old for me - and when a 12 year old comes on to you, it's soooooo much more provocative and irresistible.)

2007-07-10 17:19:32 · answer #7 · answered by Oscar Himpflewitz 7 · 1 1

It is illegal to have sex with a minor, it does not matter whether or not she asked or if they both were consentual. The man will be prosecuted and if found guilty he will serve the sentence imposed by the judge and will have to be on the sex offender register for the state for the rest of his life. He will be tracked by law enforcement for the remainder of his life and if any sexual crime is reported anywhere near him he will bethe FIRST suspect

2007-07-10 17:27:49 · answer #8 · answered by Eric S 1 · 0 0

Depends where you live. If the parents prosecute, the 18 year old will get in trouble. And the punishment is a lot harsher now. The most common I see is at least 6 months for taking liberties with a minor - one offense. You'll need to look up the law in your state though because it varies.

2007-07-10 17:14:27 · answer #9 · answered by Anonymous · 1 0

In most states that is a crime and it may be prosecuted, depending on the local prosecutor and the specifics of the case. The age spread -- 3 years' difference -- and the young age of the 15 year old make it a crime in most jurisdictions because a 15 year old is not considered able to legally consent even if she wanted to or initiated it (basically, you have a rape here -- sex without legal consent).

2007-07-10 17:15:45 · answer #10 · answered by Crystal 4 · 0 0

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