sex at 16

[keck19]

if 2 16 yr olds have consentual sex, she gets pregnant, has abortion, can boy be later prosecuted for rape, how can he be protected

 

[HomeGuru]

if 2 16 yr olds have consentual sex, she gets pregnant, has abortion, can boy be later prosecuted for rape, how can he be protected

My response:
1. yes
2. use condoms

 

[loopgaroo]

Stand up for Men's Rights and demand equal treatment. DEMAND to Have the girl arrested for rape as well.

If they dont, then protest in front of city hall claiming SEX DISCIMINATION!!

Oh the publicity!!! they will drop it fast.

 

[RedneckRoy]

Homeguru I thought I read in one of your posts somewhere that you were a lawyer???????????????????????????

A 16 year old can't get charged with no rape for having consentual sex with another 16 year old.

 

[TYRIS]

in california, the legal age of consent is eighteen. i have come across this incident a few times. what i normaly do is charge both the boy and the girl with 261.5 PC: unlawful sexual intercourse with a minor. due to the fact that both are sixteen it's only a misdemeanor, but it gets the point across.

TYRIS

 

[keck19]

thanks for responses; are any of you lawyers ? This case is in New York, and condom was used, what about the second part about protecting from later prosecution, any statutes of limitation ?

 

[RedneckRoy]

Statute of limitations on a rape case is 7 years. But you ain't got to worry about no rape charges down the line. You were 16, she was 16 and it was consentual sex.....unless of course, it really wasn't consentual or she is threatening to say it wasn't....then you might find yourself in a heap of trouble.

 

[MSWCCC]

TYRIS, do you mean to say that two minors can't consent to sex with each other at all? That, therefore, when I fist had consensual sex at 17 (with a minor), that that was a crime for both of us? What about this thing I heard of here in Cali where there is a three-year buffer period? ie a 15-year-old can be with someone up to 18, and 16-year-old to 19, etc.?

 

[TYRIS]

TYRIS, do you mean to say that two minors can't consent to sex with each other at all? That, therefore, when I fist had consensual sex at 17 (with a minor), that that was a crime for both of us? What about this thing I heard of here in Cali where there is a three-year buffer period? ie a 15-year-old can be with someone up to 18, and 16-year-old to 19, etc.?

any sexual contact with a minor under the age of eighteen is a crime in california. the three year buffer you are talking about is the difference between a misdameaner and a felony charge. if both persons are within a three year age limit, then its a misdemeaner, if there is more than a three year difference then it is a felony.

as i said, if its consensual sex, i normally charge both parties because it takes two to tango.

the following penal code section applies:

PC§ 261.5. Unlawful Sexual Intercourse
(a) Unlawful sexual intercourse is an act of sexual intercourse accomplished with a person who is not the spouse of the perpetrator, if the person is a minor. For the purposes of this section, a "minor" is a person under the age of 18 years and an "adult" is a person who is at least 18 years of age.
(b) Any person who engages in an act of unlawful sexual intercourse with a minor who is not more than three years older or three years younger than the perpetrator, is guilty of a misdemeanor.
(c) Any person who engages in an act of unlawful sexual intercourse with a minor who is more than three years younger than the perpetrator is guilty of either a misdemeanor or a felony, and shall be punished by imprisonment in a county jail not exceeding one year, or by imprisonment in the state prison.
(d) Any person 21 years of age or older who engages in an act of unlawful sexual intercourse with a minor who is under 16 years of age is guilty of either a misdemeanor or a felony, and shall be punished by imprisonment in a county jail not exceeding one year, or by imprisonment in the state prison for two, three, or four years.
(e) (1) Notwithstanding any other provision of this section, an adult who engages in an act of sexual intercourse with a minor in violation of this section may be liable for civil penalties in the following amounts:
(A) An adult who engages in an act of unlawful sexual intercourse with a minor less than two years younger than the adult is liable for a civil penalty not to exceed two thousand dollars ($2,000).
(B) An adult who engages in an act of unlawful sexual intercourse with a minor at least two years younger than the adult is liable for a civil penalty not to exceed five thousand dollars ($5,000).
(C) An adult who engages in an act of unlawful sexual intercourse with a minor at least three years younger than the adult is liable for a civil penalty not to exceed ten thousand dollars ($10,000).
(D) An adult over the age of 21 years who engages in an act of unlawful sexual intercourse with a minor under 16 years of age is liable for a civil penalty not to exceed twenty-five thousand dollars ($25,000).
(2) The district attorney may bring actions to recover civil penalties pursuant to this subdivision. From the amounts collected for each case, an amount equal to the costs of pursuing the action shall be deposited with the treasurer of the county in which the judgment was entered, and the remainder shall be deposited in the Underage Pregnancy Prevention Fund, which is hereby created in the State Treasury. Amounts deposited in the Underage Pregnancy Prevention Fund may be used only for the purpose of preventing underage pregnancy upon appropriation by the Legislature.
(3) In addition to any punishment imposed under this section, the judge may assess a fine not to exceed seventy dollars ($70) against any person who violates this section with the proceeds of this fine to be used in accordance with Section 1463.23. The court shall, however, take into consideration the defendant's ability to pay, and no defendant shall be denied probation because of his or her inability to pay the fine permitted under this subdivision.
(Amended by Stats. 1999, Ch. 853, Sec. 10. Effective January 1, 2000.)

TYRIS

 

[MSWCCC]

This may be a totally stupid question, but would that mean that masturbation is illegal, as that is manual sexual stimulation? Manual stimulation of a minor by a 30-year-old is obviously illegal because on the adult-minor, thing, but with oneself?

WHy don't they charge t he guy who fathered my 17-year-old cousin's 2 kids? He also has at least 6 other KNOWN kids with minors. He's 22.