is it legal for my 20 year old husband to have sex with me?
2007-12-24 08:29:24 · 10 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
This is actually quite simple - IF you and your husband are LEGALLY married, there can be no statutory rape, as it does not apply to married couples. This is not to say that CRIMINAL rape is not possible, which is sex without consent, regardless of marriage.
But it should be legal if you and your husband are married, but double-check your state laws first.
2007-12-24 08:37:59 · answer #1 · answered by Dan 3 · 0⤊ 1⤋
Look to your state's criminal laws.
However, in Texas, the law that criminalizes the sexual contact between a 20 year old and a 16 year old reads, (see 1. below)"(a) A person commits an offense if the person: (1) intentionally or knowingly: (A) causes the penetration . . ., without that person's consent;
(B) causes the penetration of . . ., without that person's consent; or
. . .
(c) In this section: (1) "Child" means a person younger than 17 years of age who is not the spouse of the actor.
(2) "Spouse" means a person who is legally married to another.
. . .
Therefore, in Texas there is not a crime committed when a husband and wife have sexual relations.
Texas requires you be over 17 to be emancipated. Even an emancipated minor cannot marry until age 18 without consent of the parent. Source(s) Texas Family Code§ 2.003.
2007-12-24 18:06:59 · answer #2 · answered by Cindy B 6 · 0⤊ 0⤋
Like the others said, if you are legally married it is not illegal to have sex.
Just don't get a divorce. Because that legal adult theory will go out the window. Some divorce lawyer will tell you to tell the courts to say that you were young and naive, and although emancipated was being taking advantage of by a mature older man.
2007-12-24 17:30:24 · answer #3 · answered by Anonymous · 0⤊ 0⤋
If the sex occurs after marriage yes. However you are not emancipated and you failed to say which state you reside in. Not all states have statutes for this process. If your main goal is to become married to your adult BF then you don't stand chance. By the way the average for successful emancipation's is less than 1%
2007-12-24 17:02:14 · answer #4 · answered by Anonymous · 1⤊ 0⤋
If you are emancipated at 16 that means you are now officially considered to be an adult. As an adult you can have sex with any age you want. I would say Yes. That would make sense. It would be wrong if otherwise.
If the state who decided that you are well fit to be an adult and take care of yourself and to make mature decisions affecting your life and future than by that they are saying that you can make mature reasonable decsions. I believe the reason why anyone over 18 cannot have sex with 16 or 17 year olds is because those 16 and 17 year olds brains havent developed enough to determine what is right and what is wrong and can easily be persuded. But if the state thinks you can make responsible decisions than go make your responsible decision!
2007-12-24 16:41:22 · answer #5 · answered by toothlessjenn 2 · 0⤊ 2⤋
If you are emancipated and married, you may legally have sex with your husband.
However you are not a legal adult. You still cannot drink or vote.
2007-12-24 16:38:41 · answer #6 · answered by raichasays 7 · 2⤊ 0⤋
Yes, a legal wife can have sex with her husband regardless of age.
Ryan is wrong though - at 16 / 20 extramarital sex would be a felony in many States.
Richard
2007-12-24 16:45:50 · answer #7 · answered by rickinnocal 7 · 1⤊ 1⤋
As long as your marriage is valid, it is legal to have sex with your spouse. I don't know why it wouldn't be valid, but you'd obviously know if you went through the trouble of getting a marriage license and having the ceremony (be it in front of a judge or whatever).
2007-12-24 16:59:18 · answer #8 · answered by Lesley 5 · 0⤊ 1⤋
oh come on, stop yanking my janking. Of course if you are MARRIED than your husband can do whatever to you, and no statutory laws apply.. You technically wouldn't even have to be married. You are close enough in age that if he were only your boyfriend for a few months, you guys could legally engage in that. Now, if he were say 27, then that would be a huge issue, and illegal.
2007-12-24 16:38:11 · answer #9 · answered by Anonymous · 0⤊ 3⤋
Should be okay
Check local laws.
2007-12-24 16:37:27 · answer #10 · answered by sharksfan1912 3 · 1⤊ 0⤋