Legal age of consent help

[Isabellajack]

So my daughter is dating an older man. Please don't need rude or harsh opinions, just need legal advice. My daughter is 17 and is graduation and her bf is in the navy and is 22. They aren't married. In the state we live in, which is WA the legal age of consent is 16..
We were curious as to if he would get in trouble once he brings the birth certificate back to his chain of command. He has to bring it back to get BAH for them and to put his child as a dependent. We were curious if they would kick him out, restrict him, or if they can charge him of wrong doing even though it is legal in the state she got pregnant in.
Also he is now stationed in a different state, does it only apply to the state it occurred in?

 

[swalsh411]

So they are having a baby, and you want to end his career? Or are you talking about another child?

Either way, age of consent is age of consent and your meddling doesn't help.

 

[OHRoadwarrior]

I suggest he wait until the mother is a legal adult.

 

[Zigner]

I suggest he wait until the mother is a legal adult.

I'm thinking that the horse is already out of the barn on that one

 

[Isabellajack]

why do you have to be rude? I'm not trying to get him in trouble. He is currently on deployment and me and my daughter are trying to figure things out. I like him a lot and think he is a great guy! I just wanted to know what the navy would say when they bring the birth certificate back with both of their ages on it. We know that it is legal in WA for them to have sex.. what about the navy..

 

[OHRoadwarrior]

I'm thinking that the horse is already out of the barn on that one

I meant to file for any parental benefits via the service. Sometimes computers are set to flag obvious errors, such as mom being a minor. If mom is an adult, an error check setup would not pass it most likely. The other question of course is why they do not get married.

 

[swalsh411]

It appeared from your post that your intention was to punish the father. If that is not the case then I read something that was not there.

 

[Isabellajack]

. I've heard that under UCMJ the age of consent is 16 and same for Washington too.
& no, I am not trying to punish him or get him in trouble.

 

[Silverplum]

why do you have to be rude? I'm not trying to get him in trouble. He is currently on deployment and me and my daughter are trying to figure things out. I like him a lot and think he is a great guy! I just wanted to know what the navy would say when they bring the birth certificate back with both of their ages on it. We know that it is legal in WA for them to have sex.. what about the navy..

To clarify, you are attempting to get his BAH for your daughter and her child (is she pregnant, or has she given birth?)

 

[Isabellajack]

No Im not attempting to. That is something he will have to do himself. We are trying to see if he would get in trouble with the navy once they see their ages on the child birth certificate. & no, the baby will be here in a couple weeks! Can't apply for BAH until the baby is here.

 

[Silverplum]

We can't possibly guess whether or not he will be busted by the Navy. That's up to his Commander.

 

[Isabellajack]

Well I just wanted to see. But now that I know that UCMJ states that the age of consent is 16, then we should be fine. Thanks though

 

[CJane]

Well I just wanted to see. But now that I know that UCMJ states that the age of consent is 16, then we should be fine. Thanks though

Yes, the UCMJ defines unlawful sexual contact with a child as contact with anyone under the age of 16 - and actually, as far as the military is concerned, it doesn't matter WHAT the age of consent in a given state is. Bear in mind though, that the UCMJ only governs if the military member is on active status (so a reservist or NG who is inactive isn't held to the UCMJ).

I'm a little curious though, why you/your daughter/this boy believe that having a child will qualify him for BAH.

 

[Shadowbunny]

I'm a little curious though, why you/your daughter/this boy believe that having a child will qualify him for BAH.

If the child is proven to be his (based on a paternity test) he would be eligible for BAH-Diff unless the child support ordered is less than the DIFF rate.:

BAH-DIFF is the housing allowance amount for a member who is assigned to single-type quarters and who is authorized a basic allowance for housing solely by reason of the member's payment of child support. A member is not entitled to BAH-DIFF if the monthly rate of that child support is less than the BAH-DIFF. BAH-DIFF is determined by the SECDEF and was equal to the difference between BAH-II with dependents and BAH-II without dependents in 1997 for the member's grade. BAH-Diff is published annually and is determined by increasing the previous year's table by the percentage growth of the military pay raise. For more information contact your finance office or consult Section 260416, Chapter 26 FMR." http://militarypay.defense.gov/pay/bah/02_types.html

BAH-DIFF 2013 rate for an E-2 would be $233.

 

[umkemesic]

Well I just wanted to see. But now that I know that UCMJ states that the age of consent is 16, then we should be fine. Thanks though

Yes. In fact a few months ago there was an issue with a court-case about graphic sexual descriptions of a "minor" (Although you could be married to a 16 year old apparently any naked images exchanged over the phone anyone under 18 would be CP).

Anyway, the Prosecutor hearing the case filed a motion to recuse the Judge because the Judge had married a 16 year old years ago. The main question was how the Prosecutor got that information. Also after refusing to recuse himself the Prosecutor called his boss to "let him know". United States v. Salyer, No. 13-0186/MC.

He should be fine, just tell him not to keep any graphic images on his phone because if you PO the wrong person you'll be facing CP charges for having n00dz of your Wife. And as asinine as that sounds, it has happened before.