• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

I Need Feedback, Please Help

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.



My younger brother lives in Virginia and recently turned 25. His girlfriend is 17. They are sexualy active and recently he has become very worried after being told that the age of consent in Virginia is 18 (he thought it was 16). I have checked the Virginia state law and i believe he can be charged with a class 1 misdemeanor for statuatory rape. According to what i've read it is a felony for an adult to be sexualy active with a minor under 16, but a class 1 misdemeanor for the adult if involved with a minor that is 16 or 17. Is this true, can anyone help?
Additionally, according to what i've read, a class 1 misdemeanor in VA is punishable by no more then a year in jail and/or a $2,500 fine. He has never been charged for a crime and this would be a first offense (he swears he's never even received a traffic ticket). If true, does anyone know the possibilty of him getting any jail time for a first degree misdemeanor in this matter? I think the girl is around 4 months or so from turning 18, will this matter? Could he also be charged with contributing to the delinquency of a minor or anything similar? Can they charge him on multiple counts of statuatory rape if he is guilty of it and he has been sexualy active with her on more then one ocassion? Any help would be appreciated, thanks.



Just my opinion

Personally, I do not feel your brother has anything to worry about because 1)she is almost 18 and 2)she consented to the sexual activites. My question is who would press charges against him, her parents? If the parents knew their daughter was dating a 25 years old man and they allowed this to happened, then as far as I'm concerned they allowed her to have sex with him.I don't know the laws in your state but even if the parents didn't know and the girl testified that she consented and with her almost 18, I don't think they would prosecute him. they would just be leaving the baby with a father in jail because the parents were pissed that their adult daughter got pregnant.
not an attorney here just replaying with what makes most common sence.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential