Statutory Rape Question

[Mushu_iv]

What is the name of your state? South Dakota

i thought i would check into the better before getting into trouble instead of after the fact but the situation is i am 21 and there is a 16 year old who wants to date me her mother is ok with it and i think its legal here is a copy of the state codified law i would just like a second opinion thank you

22-22-1. Rape defined--Degrees--Felony. Rape is an act of sexual penetration accomplished with any person under any of the following circumstances:

(1) If the victim is less than thirteen years of age; or

(2) Through the use of force, coercion, or threats of immediate and great bodily harm against the victim or other persons within the victim's presence, accompanied by apparent power of execution; or

(3) If the victim is incapable, because of physical or mental incapacity, of giving consent to such act; or

(4) If the victim is incapable of giving consent because of any intoxicating, narcotic, or anesthetic agent or hypnosis; or

(5) If the victim is thirteen years of age, but less than sixteen years of age, and the perpetrator is at least three years older than the victim.

A violation of subdivision (1) of this section is rape in the first degree, which is a Class C felony. A violation of subdivision (2) of this section is rape in the second degree which is a Class 1 felony. A violation of subdivision (3) or (4) of this section is rape in the third degree, which is a Class 2 felony. A violation of subdivision (5) of this section is rape in the fourth degree, which is a Class 3 felony. Notwithstanding § 23A-42-2 a charge brought pursuant to this section may be commenced at any time prior to the time the victim becomes age twenty-five or within seven years of the commission of the crime, whichever is longer

 

[Ohiogal]

Why do you want to have sex with a child? Seriously. A roll in the hay is worth you being labeled a sex offender and pedophile? Legal? Maybe, if she always consents and her parents NEVER change their mind (where is her father?) and you never give her alcohol or go to far or get a bit too rough or a thousand other things. If anything happens you can be accused of rape, be considered a pedophile and find yourself raped in prison. But your choice.

 

[Mushu_iv]

if you are just going to rant and not answer the question then dont bother posting

 

[FlyingRon]

Those who are getting free advice shouldn't be snotty to those who are providing it. If you want someone to kiss your feet while providing legal advice click on the "FIND A LAWYER" button above and pay them. You might even have a hard time then. Most lawyers are pretty practical guys as well.

The mother's consent means nothing, she can turn on you and coerce here daughter to press charges.

You have indeed have the problems Ohiogal warns about.

 

[Ohiogal]

if you are just going to rant and not answer the question then dont bother posting

I answered. If you are too ignorant to comprehend then there is nothing that can be done.

 

[Ohiogal]

Those who are getting free advice shouldn't be snotty to those who are providing it. If you want someone to kiss your feet while providing legal advice click on the "FIND A LAWYER" button above and pay them. You might even have a hard time then. Most lawyers are pretty practical guys as well.

The mother's consent means nothing, she can turn on you and coerce here daughter to press charges.

You have indeed have the problems Ohiogal warns about.

Indeed he does which is why I broached them. Jeez, thought I was being helpful especially considering the term Esq that goes behind my name. Maybe I should wait until he does call me and then I can tell him that AFTER taking his money. (P.S. I don't kiss my client's feet ever.)

 

[Mushu_iv]

i wasnt being snotty perhaps i will ask it this way according to the codified law i have in the first post is said interaction illegal or no

 

[CdwJava]

Well, under the statute you posted, it is not unlawful ... however, you posted the WRONG statute to justify your immoral action.

However, is it "legal" for you to boff a kid in SD? Apparently so ... sad as that might be.

I don't suppose you ever thought of dating as a means to get to know someone and not just to get in their pants? Or is that concept just outdated these days?

- Carl

 

[wayward4now]

practical advice

Even if the age of consent is 16, in your jurisdiction, there's other things to consider, Mushu. I'm speaking from experience and it's a very dangerous road to walk on. OhioGal was completely right, but she could have coached her words a tad less harshly. While there may be only a 5 year age difference, and as OhioGal said, you might skate as long as she remains consensual, as well as her parent(s), BUT you just gave up all control in this situation to a 16 year old. They hold the cards and, as in most states, charges may still be pressed by a parent until she is 18. You forget a birthday or to send flowers on Valentine's day and the 16 year old brain goes ape and you go bye-bye. You will be giving up control over your life until she turns 25 or 7 years after sex initially occurs. Some states now suspend that allowing charges to become pressed when you become 80 and she's 75. I went to prison and it ain't no joke. I disagree, the prison rape stuff happens mainly on TV. Shame on you OhioGal for perpetuating that myth. There's too many willing gays in prison, so why go to the hole forever? During a 5 year bid, no one got raped by anybody. Being in prison doesn't make you an animal, nor the people round you.
The main point is that if you do not protect yourself completely, in -all- situations, the day will come that you will lose one situation and you would be well considered to pass on this one. No, you would not be a pedophile, you would be a "hebephile" ... attracted to teen-aged girls. Another point of view to consider is that as you have more experience, she has relatively none. Just consider her brainless, and that she may be more dangerous to you than you are to her, and run like the dickens for your own safety. Again, prison is no joke, and you will go there, and when you finally get out (expect 5-20 years) you'll have to register as a sex offender, put up with a TON of junk, have a probation officer pull you around by the nose and find yourself practically un-employable. The magic moment occurs when you ask yourself, "Is that worth it?" MY answer, in retrospection is "Hell, NO!"
My advice would be to find someone at least 18, go to the Health Dept as a "couple" prior to any sexual activity, so at least you will have some sort of paper showing consensual sex was planned by you both. Take this with some love from an Ex-Con that is now far older and sadly wiser. She might be a great and intelligent 16 year old human being, but put it into your mind that she is as dangerous to you as you are to her and -gently- dis-engage yourself from her world. You're on your own from here. I pray you chose to selfishly protect yourself first. so you'll be also protecting her. If you do not protect yourself, you cannot serve others. Ric

 

[Mushu_iv]

well thank you for the advice im going to have to think alot harder on this i guess try and wind up with people my own age.. and no carl its not simply about getting into her pants but in this state what they consider illegal physical interaction doesnt even have to come close to sex and that is why i wanted advice on what could possibly happen it wouldnt be any better to go to prison for anything when in this state a kiss and sex can land you in for the same amount of time if your on the wrong side of the line

 

[Silverplum]

well thank you for the advice im going to have to think alot harder on this i guess try and wind up with people my own age.. and no carl its not simply about getting into her pants but in this state what they consider illegal physical interaction doesnt even have to come close to sex and that is why i wanted advice on what could possibly happen it wouldnt be any better to go to prison for anything when in this state a kiss and sex can land you in for the same amount of time if your on the wrong side of the line

You could always spend more time reading, and in classes. That's worth your time.

 

[seniorjudge]

well thank you for the advice im going to have to think alot harder on this i guess try and wind up with people my own age.. and no carl its not simply about getting into her pants but in this state what they consider illegal physical interaction doesnt even have to come close to sex and that is why i wanted advice on what could possibly happen it wouldnt be any better to go to prison for anything when in this state a kiss and sex can land you in for the same amount of time if your on the wrong side of the line

So, you are saying you can't satisfy women so you have to go after children?

Creepy....

 

[CdwJava]

and no carl its not simply about getting into her pants but in this state what they consider illegal physical interaction doesnt even have to come close to sex and that is why i wanted advice on what could possibly happen it wouldnt be any better to go to prison for anything when in this state a kiss and sex can land you in for the same amount of time if your on the wrong side of the line

A kiss wouldn't land you in trouble - groping and fondling could (IF she were under the age of consent, which she is not).

When you start a post asking if it is okay to have SEX with a teen, the only assumption is that this "relationship" exists for the purpose of orgasms. Such a relationship is NOT about building a foundation or even getting to know someone (except in the carnal sense). If you were simply going to respect her and date her in a responsible manner (go to dinner, a movie, hold hands, etc.) then you would never have had to ask this question. The fact you asked indicates that you do, indeed, intend to take this in a direction that causes most of us to shake our heads in dismay.

It may be "legal", but that does not make it "right".

- Carl

 

[wayward4now]

I don't beleive this chastisement.

First off, I'm REALLY surprised by the responses and I'm the ex-offender around here. First, as you well know, the prisons are FULL of people that didn't check out the law first. So, give the guy credit. He's not automatically stupid nor immoral. If she was a "child" then why would almost every state allow her to drive? The DOT's allow "children" to handle one of the most dangerous machines in the world? No, she is no longer a child, nor is she a full fledged woman. She is a teen ager. And in only two short years, she can field strip an AK-47, jump out of a Huey and shoot to kill the bad guys or get blown up "for us". Maybe you have a 16 year old that you would consider a child, and probably wish she would always be a child, but she is no child. Just ask her and she'll tell you in no uncertain terms that she doesn't consider herself a child. Yet, I know where you are coming from. If you called her a child, she'd storm off in a tantrum. Childish? Yes. Child, no longer. But, this young man had the good sense to get some information and you would call him Creepy? Isn't that "labeling"? One of the Elements of Criminal Thinking? If anything, since none of us know anything much about the degree of commitment he feels, or of the level of intimacy in this "relationship" what might be better put to the young man is just some practical advice on the pitfalls to himself that are likely to happen should things go south. He will make up his own mind, and finally make a decision. That much is for sure. I wrote what I wrote to him with concern for his well-being and he seemed to respond to that, and I hope and pray he does for the reasons I mentioned. Everyone has a purpose on the planet, and my message to him is that he gets tripped up, then he cannot be about his purpose and serve others, much less himself. Well, you CAN serve others in prison, it's just a damn difficult place to live. Nor do any of us know anything about the gal, she could be tall, high IQ, President of her class, lead the choir and devout in her studies. And finds herself out of place with guys her own age. Who knows? And, all we know is that he came looking for advice hopefully to protect himself, just in case, and he gets ping ponged. No fair, according to my perceptions. He is not a "creep" for looking for advice. Now, the Senator from Idaho, that's a creep. You guys tell me how he got off the hook. To Mushu; what I wrote before still stands. Consider that you are putting yourself and your future into the hands of a 16 year old, and I pray that notion makes you very very very careful. Diner and a movie, OK. But even that can be dangerous if SHE decides to take it to the next level. If you give in or if you refuse, you could lose all control because of how she handles it. Not a good place to be there, bud. No sirree. I hope you consider my words. I truly do. Ric

 

[Ohiogal]

First off, I'm REALLY surprised by the responses and I'm the ex-offender around here. First, as you well know, the prisons are FULL of people that didn't check out the law first. So, give the guy credit. He's not automatically stupid nor immoral. If she was a "child" then why would almost every state allow her to drive? The DOT's allow "children" to handle one of the most dangerous machines in the world? No, she is no longer a child, nor is she a full fledged woman. She is a teen ager. And in only two short years, she can field strip an AK-47, jump out of a Huey and shoot to kill the bad guys or get blown up "for us". Maybe you have a 16 year old that you would consider a child, and probably wish she would always be a child, but she is no child. Just ask her and she'll tell you in no uncertain terms that she doesn't consider herself a child. Yet, I know where you are coming from. If you called her a child, she'd storm off in a tantrum. Childish? Yes. Child, no longer. But, this young man had the good sense to get some information and you would call him Creepy? Isn't that "labeling"? One of the Elements of Criminal Thinking? If anything, since none of us know anything much about the degree of commitment he feels, or of the level of intimacy in this "relationship" what might be better put to the young man is just some practical advice on the pitfalls to himself that are likely to happen should things go south. He will make up his own mind, and finally make a decision. That much is for sure. I wrote what I wrote to him with concern for his well-being and he seemed to respond to that, and I hope and pray he does for the reasons I mentioned. Everyone has a purpose on the planet, and my message to him is that he gets tripped up, then he cannot be about his purpose and serve others, much less himself. Well, you CAN serve others in prison, it's just a damn difficult place to live. Nor do any of us know anything about the gal, she could be tall, high IQ, President of her class, lead the choir and devout in her studies. And finds herself out of place with guys her own age. Who knows? And, all we know is that he came looking for advice hopefully to protect himself, just in case, and he gets ping ponged. No fair, according to my perceptions. He is not a "creep" for looking for advice. Now, the Senator from Idaho, that's a creep. You guys tell me how he got off the hook. To Mushu; what I wrote before still stands. Consider that you are putting yourself and your future into the hands of a 16 year old, and I pray that notion makes you very very very careful. Diner and a movie, OK. But even that can be dangerous if SHE decides to take it to the next level. If you give in or if you refuse, you could lose all control because of how she handles it. Not a good place to be there, bud. No sirree. I hope you consider my words. I truly do. Ric

Legally until she is 18 she is a child. End of story. The rest of your little paragraph may be quite sweet and pretty, but not relevant.