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Florida 18y Boy loves 16y girl - her father mad & calling cops

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LaurieO

Junior Member
What is the name of your state? South Florida

My nephew is 18 years old and is totally in love with a 16 year old girl that lives in his neighborhood. They are both little lovebirds and have been sneaking around cause her dad doesn't want Him around her as he is 18 and she is only 16. Nephew is responsible, has job, finished school, good family, etc. and just wants to be with his "girlfriend who is 16 years old". However, 16 year old's Dad is an attorney and has called the cops when he even sees my nephew walking around the neighborhood. It escalated into big deal tonight.. What are nephew's rights? I am sure htey have had sexual intracourse and I don't see them being able to stay aware from each other. Possiblity of Her family getting restraining order against my nephew for what? Just cause family doesn't want them dating their daughter? They live houses apar from each other, its not like he has to travel far to see her. COps were invovled tonight, but nothing came of it. What can I do to protect my nephew and fill him in on what actually could happen as it looks like Her parent's are not going to come around to accept this. What is legal in terms of Statutory Rape at their ages and reasons for restraining order? Thanks.
 
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D

dontbeasmartass

Guest
your nephew is asking for a lot of trouble

What is the name of your state? South Florida

My nephew is 18 years old and is totally in love with a 16 year old girl that lives in his neighborhood. They are both little lovebirds and have been sneaking around cause her dad doesn't want Him around her as he is 18 and she is only 16. Nephew is responsible, has job, finished school, good family, etc. and just wants to be with his "girlfriend who is 16 years old". However, 16 year old's Dad is an attorney and has called the cops when he even sees my nephew walking around the neighborhood. It escalated into big deal tonight.. What are nephew's rights? I am sure htey have had sexual intracourse and I don't see them being able to stay aware from each other. Possiblity of Her family getting restraining order against my nephew for what? Just cause family doesn't want them dating their daughter? They live houses apar from each other, its not like he has to travel far to see her. COps were invovled tonight, but nothing came of it. What can I do to protect my nephew and fill him in on what actually could happen as it looks like Her parent's are not going to come around to accept this. What is legal in terms of Statutory Rape at their ages and reasons for restraining order? Thanks.
your nephew is asking for a lot of legal trouble. he needs to do as he's told, and stay away from her, or he could go to jail. hes an adult, she is a minor, and untill she is 18, whatever her parents say goes, and if they dont want their daughter around your nephew, thats their decision. yes, they can get a restraining order against your nephew to keep him away from their daughter, and if he violates it, he goes to jail. his sneaking around with her behind her parents back is going to get him charged with interference with parental custody, and contributing to the delinquincy of a minor. you really need to have a talk with your nephew, and tell him to wait till shes 18, before he ends up behind bars
 

LaurieO

Junior Member
Thanks for your reply. Obviously he should do what he is told - but I am talking LEGALLY regarding statutory rape. I believe for Florida (from what I can understand) is that hte age of consent for sex is 16 and its okay if he is 18, so sex is okay and not considered to be sex with minor, so he couldn't get charged with that. Correct? I do understand that they can get a restraining order, but I wasn't sure for what..I see now that it could be interference with parental custody and contributing to deliquency of minor. Thank you and of course I want him to do what is right, I need to provide FACTS to him about the law so he knows what the consequences are if he continues to see her "behind the parent's back", which unfortuantley, I don't know how they will not stop. I have to inform him of the correct info so we have grounds when we speak to the police and/or parents. Thank you for your time and assistance!

What is the name of your state? South Florida

My nephew is 18 years old and is totally in love with a 16 year old girl that lives in his neighborhood. They are both little lovebirds and have been sneaking around cause her dad doesn't want Him around her as he is 18 and she is only 16. Nephew is responsible, has job, finished school, good family, etc. and just wants to be with his "girlfriend who is 16 years old". However, 16 year old's Dad is an attorney and has called the cops when he even sees my nephew walking around the neighborhood. It escalated into big deal tonight.. What are nephew's rights? I am sure htey have had sexual intracourse and I don't see them being able to stay aware from each other. Possiblity of Her family getting restraining order against my nephew for what? Just cause family doesn't want them dating their daughter? They live houses apar from each other, its not like he has to travel far to see her. COps were invovled tonight, but nothing came of it. What can I do to protect my nephew and fill him in on what actually could happen as it looks like Her parent's are not going to come around to accept this. What is legal in terms of Statutory Rape at their ages and reasons for restraining order? Thanks.
 

Happy Trails

Senior Member
Thanks for your reply. Obviously he should do what he is told - but I am talking LEGALLY regarding statutory rape. I believe for Florida (from what I can understand) is that hte age of consent for sex is 16 and its okay if he is 18, so sex is okay and not considered to be sex with minor, so he couldn't get charged with that. Correct? I do understand that they can get a restraining order, but I wasn't sure for what..I see now that it could be interference with parental custody and contributing to deliquency of minor. Thank you and of course I want him to do what is right, I need to provide FACTS to him about the law so he knows what the consequences are if he continues to see her "behind the parent's back", which unfortuantley, I don't know how they will not stop. I have to inform him of the correct info so we have grounds when we speak to the police and/or parents. Thank you for your time and assistance!
He can't be convicted of statutory rape (that is what BB stated above your post). If he were 24 yrs old or older, that would be a different story.

794.05 Unlawful sexual activity with certain minors.

(1) A person 24 years of age or older who engages in sexual activity with a person 16 or 17 years of age commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. As used in this section, "sexual activity" means oral, anal, or vaginal penetration by, or union with, the sexual organ of another; however, sexual activity does not include an act done for a bona fide medical purpose.

(2) The provisions of this section do not apply to a person 16 or 17 years of age who has had the disabilities of nonage removed under chapter 743.

(3) The victim's prior sexual conduct is not a relevant issue in a prosecution under this section.

(4) If an offense under this section directly results in the victim giving birth to a child, paternity of that child shall be established as described in chapter 742. If it is determined that the offender is the father of the child, the offender must pay child support pursuant to the child support guidelines described in chapter 61.
 
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CdwJava

Senior Member
However, there ARE sections in the FL statute about interfering with custody. If the ADULT is aiding or encouraging the child to runaway, this is an angle of potential criminal prosecution. I know I would pursue it if this were my daughter.

- Carl
 

LaurieO

Junior Member
Thanks for the info and taking time to answer

Thanks a lot for your info and input. All info I have received has been very helpful.
 

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