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"Felony carnal knowledge of a juvenile is sexual intercourse with consent between (1) someone age 19 or older and someone between age 12 and 17 or (2) someone age 17 or older and someone between age 12 and 15.
Misdemeanor carnal knowledge of a juvenile is sexual intercourse with consent between someone age 17 to 19 and someone age 15 to 17 when the difference in their ages is greater than two years."

Does that mean that a girl 16 1/2 years old and a guy 18 years old having sex isn't considered statutory rape? Because he's under 19 and the age between the two is LESS than two years?

2007-12-12 15:55:12 · 8 answers · asked by Anonymous in Politics & Government Law Enforcement & Police

Um. I'm a girl... obviously I'm not talking about myself being with a girl... duh.

2007-12-12 16:05:03 · update #1

that's Louisiana Laws. Good question *sigh*

2007-12-12 16:11:56 · update #2

8 answers

Technically with what you have there, no its not. That also depends on if the state counts the months in between birthdays or not. As in 16 1/2 years is just considered as 16 yr old.

2007-12-12 16:14:40 · answer #1 · answered by Paul 2 · 0 1

what the law says and what the prosecutor decides to do are not always the same thing. If he gets his briefs in a twist, the older of the two could be charged anyway and then let the jury decide if the act was consensual or not.

and where the act happens makes a difference. For example, in Florida, a juvenile under age 16 can not legally consent to sex with anyone and everyone who has such sex with such jv is to be charged. FL law specifically says that what the older person was told or believed about the minor's age or willingness, even if told by the minor, is not a defense to the charge of felony sexual assault of a minor.

2007-12-12 16:14:28 · answer #2 · answered by Spock (rhp) 7 · 0 0

You might get off on a technicality but your best bet would be to find a girlfriend that's legal. 16 year olds aren't mature enough to make decisions that might affect the rest of their life. Sounds like you are not mature enough either. What if she gets pregnant? What if her parents get a restraining order against you? Actions have consequences.

2007-12-12 16:02:37 · answer #3 · answered by lcmcpa 7 · 0 0

I'm pretty sure that 16.5 is not a legally recognized age. In the eyes of the law you are either 16 or 17, not 16.5, 16.6, 16.8, etc.

So yes, it's still statutory rape.

2007-12-12 16:05:39 · answer #4 · answered by Miranda S 2 · 0 1

Statutory rape laws vary from state to state so I'm not sure where you got that from, but if two people really love each other, why can't they wait until they are both adults?

2007-12-12 16:08:40 · answer #5 · answered by dodge66trio 2 · 0 0

Good question. This is the way I would deal with it........if it were my daughter and I didn't like the boy she was with. I would just let him know that if he does have sex with her it is rape. Chances are he would be too stupid to know the truth anyway. But I would also encourage my daughter not to have sex until she was older.

2007-12-12 16:08:38 · answer #6 · answered by Dave G 3 · 0 0

It's a misdemeanor, however you are age of consent. So...if your parents wanted to charge him they actually could according to the law....albeit very confusing!

2007-12-12 16:21:55 · answer #7 · answered by marincaligirl 3 · 0 0

Who cares? If a 16 yr old is having sex, she's a whore! The world could care less about whores.

2007-12-12 20:44:22 · answer #8 · answered by Anonymous · 1 1

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