Stat rape question..

[JJP329]

I was wondering.... A girl i know recently had sexual intercourse with a 20year old male. She is 16 or 17 years old. They are aslo dating now. I am not sure if her mother or father knows, i dont think they would be pleased. To report something like this would the parents have to, or could a person tell the authorties having no relation to the younger party? What i mean is could this guy go to jail even overnight for someone reporting this?

[imalazypup]

To start, what state?

Changes from state to state, for instance, in michigan, that would be legal.

[Oldbillplod]

In the UK the chances of a conviction for this without the consent of the aggrieved party are highly unlikely. In the UK the age of consent for intercourse is 16.

[oscarmitre]

17 in my jurisdiction but to support Oldbillplod's comments the closer in age the two parties are the less likely a prosecution but this is only in my jurisdiction, your jurisdiction might see it differently. As Pup said, it depends on where you are, it is one of those things that is higly specific to a particular jurisdiction - even down to such things as prosecution policy.

[Scruit]

If she is above the age of consent in that state then it is none of your business.

If she is below the age of consent then a crime has occured.

[md123]

Reminds me of something that happened to me once. I was dating a girl a few years younger. I was 19, she was 17 (above the age of consent) at the time. We never had sexual intercourse anyway, but a jealous guy called her mom and told her mom that she was considering intercourse with me. This put a strain on the relationship, and made it difficult for things to take its natural course, relationship-wise between us.

I am not sure of your motivation here. Are you geniuinely concerned for this young ladies' well being, or are you concerned with other, less humanitarian issues. It is none of my business either way, and I am not judging you, so please don't take it personally. My point is that you should not do anything to put yourself into the middle of a love triangle which may cause bigger issues here. If there is no crime here according to the laws of your jurisdiction, and if noone is getting hurt, then mind your own business, let things take their natural course, and if it is meant to be between these two then it is meant to be.

Again, please don't take this personally if this is not the case in your situation - I don't know you - but I wanted to make this point for others that may be reading this in case they do find themselves in this situation.

[Zendik]

I'm not a cop but in Oregon the age of consent is 16, 17 and it's none of your business. This guy is 20? he can't even drink. I'm wondering why it is your business and why you're out to ruin this guys life. You know it's not like he's 30 but I don't know.
Is he some kind of a dog, deal drugs, have a lot of under age girlfriends? If so burn him. Did he know her in school?

[Zendik]

What i mean is could this guy go to jail even overnight for someone reporting this?

Again in Oregon if this girl was 15 the guy would go to jail for a lot longer than overnight if the DA decided to file charges a type C felony. If he was able to get a good lawyer he would at least get several years of probation where he would have to participate in sex offender treatment which would place him in a room everyweek with monsters that have molested little girls from 7-15. Then for the rest of this guys natural life he would have to register as a sex offender every year at his birthday and everytime he moved.
If you ask me there should be a law for people that use sex offenses to "get" people they either don't like or have a problem with.
You have any idea how many people get this rap without even touching some girl? You know how easy it is to ruin someones life by playing such a game?
I would guess that she is over the age of consent at 16 and if this is true keep your nose in your own business.

[Scruit]

It's weird that we're talking about the same thing in two different threads. In the other thread we are discussin M16/F14 and here we're talking about M20/F17

Statutory rape laws are controversial because there are many cases weher it really is two young adults who are in love and that's what young adults do... And to force a 15year term on one person is blatantly unfair in that situation.

The laws are there to prevent predatory sexual behaviour that does not rise to the level of actual physical force/threat rape. if the two are within a couple years of the same age then it owuld be easy for someone to make the case to me that the conduct was not predatory. I'll-advised? yes. Good? Certainly not. Predatory? nope.

We still don't know what state this is but I'm gonna hake a guess at the AOC being 16, that seems to be the norm. That being the case, then unless you have good reason to believe that this man poses an actual real threat to her (consentual sex is not a threat if she is OVER the age of consent) then you need to give it up and let it go. If you know he is gonna drain her bank accounts and then disppear in the night, then say something. If you know he's got a history oif violence against partners, then say something. If you know that he is in a position that makes the relationship unethical (supervisor, cop/arestee, Corrections officer/prisoner, professor/student, doctor/patient etc) then say somthing...

BUT if she dumped yer *** and hooked up with this guy 'cos he's got a shiney car, Mel Gibson's looks and a bank balance that would pay off Bolivia's national debt then *don't* take this as an opportunity to get back at them.

[Somebody]

In AZ, consent is 18+ in all cases... and to take it a bit farther... if the girl were to be 18 and still in high school, she is still off limits according to AZ revised statutes.

OTOH, I know some states are even below 16 for consent, so... as stated above, depends on jurisdiction.

[ngcsubutterbar]

statutory rape. one party is over 18 the other isn't. 'age of consent' is a myth and does not apply to adult/non-adult situations. Usually it will be the females parents, or the state filing the charge though.

[Scruit]

NG,

what are you talking about? Age of Consent is the age at which the local jurisdiction allows a person to choose to have sex. Are you saying an 18yo and a 19yo having sex is illegal? In all states?

[ousoonerfan3]

statutory rape. one party is over 18 the other isn't. 'age of consent' is a myth and does not apply to adult/non-adult situations. Usually it will be the females parents, or the state filing the charge though.

Not true in Oklahoma.

http://www.oscn.net/applications/osc...p?citeID=69604

"No person can be convicted of rape or rape by instrumentation on account of an act of sexual intercourse with anyone over the age of fourteen (14) years, with his or her consent, unless such person was over the age of eighteen (18) years at the time of such act."

http://www.oscn.net/applications/osc...p?citeID=69615

introduces a "3 year rule" for ages under 16:

"A. It is a felony for any person to knowingly and intentionally:

1. Make any oral, written or electronically or computer-generated lewd or indecent proposal to any child under sixteen (16) years of age, or other individual the person believes to be a child under sixteen (16) years of age, for the child to have unlawful sexual relations or sexual intercourse with any person; or

2. Look upon, touch, maul, or feel the body or private parts of any child under sixteen (16) years of age in any lewd or lascivious manner by any acts against public decency and morality, as defined by law; or

3. Ask, invite, entice, or persuade any child under sixteen (16) years of age, or other individual the person believes to be a child under sixteen (16) years of age, to go alone with any person to a secluded, remote, or secret place, with the unlawful and willful intent and purpose then and there to commit any crime against public decency and morality, as defined by law, with the child; or

4. In any manner lewdly or lasciviously look upon, touch, maul, or feel the body or private parts of any child under sixteen (16) years of age in any indecent manner or in any manner relating to sexual matters or sexual interest; or

5. In a lewd and lascivious manner and for the purpose of sexual gratification:

a. urinate or defecate upon a child under sixteen (16) years of age ,

b. ejaculate upon or in the presence of a child,

c. cause, expose, force or require a child to look upon the body or private parts of another person,

d. force or require any child under sixteen (16) years of age or other individual the person believes to be a child under sixteen (16) years of age, to view any obscene materials, child pornography or materials deemed harmful to minors as such terms are defined by Sections 1024.1 and 1040.75 of this title,

e. cause, expose, force or require a child to look upon sexual acts performed in the presence of the child, or

f. force or require a child to touch or feel the body or private parts of said child or another person.

Any person convicted of any violation of subsection A of this section shall be punished by imprisonment in the State Penitentiary for not less than one (1) year nor more than twenty (20) years. The provisions of this section shall not apply unless the accused is at least three (3) years older than the victim. "

These lead you to believe that if both parties are under age 18, consent can be given as young as 14. If one party is 18 or older, the other must be at least 16 to give consent.

[ngcsubutterbar]

NG,

what are you talking about? Age of Consent is the age at which the local jurisdiction allows a person to choose to have sex. Are you saying an 18yo and a 19yo having sex is illegal? In all states?

no, what I'm saying is simple, sorry if I made it sound like a blanket statement, its just you find a lot of people think 'age of consent' means you can do anything you want.




"No person can be convicted of rape or rape by instrumentation on account of an act of sexual intercourse with anyone over the age of fourteen (14) years, with his or her consent, unless such person was over the age of eighteen (18) years at the time of such act."


that IS what I'm talking about. If one person is 18 or over the other isn't, it IS STATUTORY RAPE.

[Scruit]

I'm going to have to disagree with you on that. In the Oklahoma statute you quoted there it would NOT be illegal for a girl of 17 and a boy of 19 to have sex, even though "..one person is over 18 and the other isn't"

From FindLaw

Statutory Rape

Statutory rape is illegal sexual activity between two people that would otherwise be legal if not for their ages, based on the premise that a person under the age of consent cannot legally consent to sex. The age of consent ranges from 14 to 18 years of age; in a majority of the states, it is 16. Many states do not actually use the term "statutory rape," simply calling the crime "rape" or "unlawful sexual penetration", and the laws usually apply to any type of sexual contact. Some states' laws also consider the age difference between the two people, as well as their individual ages. State laws also frequently change the age of consent or the penalty for sexual relations involving a person of authority, such as a teacher or a coach. The victim's parents most often bring statutory rape charges, but in most states, the state can bring charges, even against the protest of both the underage person and his or her parents. The punishment for statutory rape can be severe, followed by a stigma that follows the offender for the rest of his or her life.

As you can see in this article, Age of Consent is a perfectly valid legal concept.

Can you provide a statue cite for the "over/under 18" concept that you are describing?