say 16 has full term baby by age 15, becomes an emancipated minor, able to sign her own consents and for
her child. She develops a sexual relationship with a 22
year old. The age of consent in the state is 16. Can the
22 year old be charged with statutory rape since she
is below the age of consent or since she is an emancipated
minor, she can have sex legally with anyone.
2007-12-29 16:17:35 · 4 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
looks like the experts don't all agree
on this one!
2007-12-30 07:19:32 · update #1
Find another girlfriend.
2007-12-29 16:34:59 · answer #1 · answered by Anonymous · 2⤊ 0⤋
LEGALLY? No she can't. WILL SHE? probably. just because you're emancipated does not change your physical age. In most states, the age of consent is 17...and if the "boyfriend" she chooses is over the age of 21, she HAS to be at least 17 or the guy would get arrested for statutory rape.
2007-12-30 00:26:23 · answer #2 · answered by :-) 6 · 0⤊ 0⤋
Becoming an emancipated minor does NOT override the age of consent for sex, nor the drinking age, nor almost any other age-related law.
The effect of emancipation is exclusively civil - it makes you legally responsible for contracts you sign, etc.
The only way that emancipation can make it legal for a minor to have sex is if she marries - because as a minor she can enter into a marriage contract without her parents permission.
Richard
2007-12-30 00:24:25 · answer #3 · answered by rickinnocal 7 · 4⤊ 0⤋
Emancipated under the Law means just that the Emancipated individual is not legally considered a minor EXCEPT in Criminal offenses. But in the areas of mutual consent if the Emancipated individual agreed to the act then it's not punishable or prosecutable.
2007-12-30 00:30:28 · answer #4 · answered by Anonymous · 0⤊ 2⤋