NM Statutory Rap Question

[Joebob]

Yeah for the laws of New Mexico, is there any way around Statutory Rape with say parental consent or something around those lines?

 

[lawrat]

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

Umm, what do I say, well, statutory rape is called a strict liability crime, which means that despite your intent, the fact you did it is a crime. So any letters from mom or dad is inexcusable.

I do have one worry. What parents in their right mind would consent to have minor children engage in sexual activity. Don't they watch Montel? Don't they know the stats on teenage pregnancy and STDs.

hope this helps.

 

[Tracey]

Parental consent is irrelevant. Consent is a defense to rape only when the victim has capacity to consent. In a statutory rape case, the victim has no capacity to consent until s/he reaches 16 or 17 or 18 or whatever age NM uses. The parents cannot consent because they are not the victims.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.