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OHIO need some advise

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teenageradvise

Junior Member
What is the name of your state? OHIO

Last year my 14 year old daughter became involved with an 18 year old girl. They lied about the relationship and have been sneeking around doing inappropriate things and she has even been at my house when I was not home when my daughter knew she was not allowed over when I am not home.. I had forbidden the 18 year old and my daughter to see each other, talk to each other, email, instant message mail, ect... but my daughter continues to see this girl and I don't know what I can do legally to get this 18 year old to stay away from my daughter. Any help?
 


outonbail

Senior Member
teenageradvise said:
What is the name of your state? OHIO

Last year my 14 year old daughter became involved with an 18 year old girl. They lied about the relationship and have been sneeking around doing inappropriate things and she has even been at my house when I was not home when my daughter knew she was not allowed over when I am not home.. I had forbidden the 18 year old and my daughter to see each other, talk to each other, email, instant message mail, ect... but my daughter continues to see this girl and I don't know what I can do legally to get this 18 year old to stay away from my daughter. Any help?
18 year olds are not allowed to have sex with 14 year olds. It is illegal to have sex with a minor, even if that minor happens to be the same sex. Call the local police and file a report. They will arrest her and you can follow this up by have a restraining order issued to keep her away, if and when she does get released.

Expect your daughter to be furious with you for doing this. You should seek counseling for the two of you and get some professional help in working this all out between you and your daughter.

But first step is to contact the police and advise them of the situation. They will take the appropriate action against the adult in this relationship.
 

Ohiogal

Queen Bee
Are you sure they are having sex? I ask because inappropriate things could refer to kissing to some parents. Which is not sex. Here are statutes that might help you:
§ 2907.01. Definitions.






As used in sections 2907.01 to 2907.37 of the Revised Code:





(A) "Sexual conduct" means vaginal intercourse between a male and female; anal intercourse, fellatio, and cunnilingus between persons regardless of sex; and, without privilege to do so, the insertion, however slight, of any part of the body or any instrument, apparatus, or other object into the vaginal or anal cavity of another. Penetration, however slight, is sufficient to complete vaginal or anal intercourse.


(B) "Sexual contact" means any touching of an erogenous zone of another, including without limitation the thigh, genitals, buttock, pubic region, or, if the person is a female, a breast, for the purpose of sexually arousing or gratifying either person.


(C) "Sexual activity" means sexual conduct or sexual contact, or both.

§ 2907.04. Unlawful sexual conduct with minor.

(A) No person who is eighteen years of age or older shall engage in sexual conduct with another, who is not the spouse of the offender, when the offender knows the other person is thirteen years of age or older but less than sixteen years of age, or the offender is reckless in that regard.



(B) Whoever violates this section is guilty of unlawful sexual conduct with a minor.


(1) Except as otherwise provided in divisions (B)(2), (3), and (4) of this section, unlawful sexual conduct with a minor is a felony of the fourth degree.


(2) Except as otherwise provided in division (B)(4) of this section, if the offender is less than four years older than the other person, unlawful sexual conduct with a minor is a misdemeanor of the first degree.

(3) Except as otherwise provided in division (B)(4) of this section, if the offender is ten or more years older than the other person, unlawful sexual conduct with a minor is a felony of the third degree.


(4) If the offender previously has been convicted of or pleaded guilty to a violation of section 2907.02, 2907.03, or 2907.04 of the Revised Code or a violation of former section 2907.12 of the Revised Code, unlawful sexual conduct with a minor is a felony of the second degree.


HISTORY: 134 v H 511 (Eff 1-1-74); 143 v H 44 (Eff 7-24-90); 146 v S 2 (Eff 7-1-96); 148 v H 442. Eff 10-17-2000.





IF THEY ARE NOT ENGAGING IN SEXUAL CONDUCT you can still apply for a restraining order and try to have the 18 year old charged with contributing to the delinquency of a minor.


§ 2919.24. Contributing to unruliness or delinquency of a child.






(A) No person, including a parent, guardian, or other custodian of a child, shall do any of the following:





(1) Aid, abet, induce, cause, encourage, or contribute to a child or a ward of the juvenile court becoming an unruly child, as defined in section 2151.022 of the Revised Code, or a delinquent child, as defined in section 2152.02 of the Revised Code;





(2) Act in a way tending to cause a child or a ward of the juvenile court to become an unruly child, as defined in section 2151.022 of the Revised Code, or a delinquent child, as defined in section 2152.02 of the Revised Code;





(3) If the person is the parent, guardian, or custodian of a child who has the duties under Chapters 2152. and 2950. of the Revised Code to register, register a new residence address, and periodically verify a residence address, and, if applicable, to send a notice of intent to reside, and if the child is not emancipated, as defined in section 2919.121 of the Revised Code, fail to ensure that the child complies with those duties under Chapters 2152. and 2950. of the Revised Code.





(B) Whoever violates this section is guilty of contributing to the unruliness or delinquency of a child, a misdemeanor of the first degree. Each day of violation of this section is a separate offense.






HISTORY: 141 v H 349 (Eff 3-6-86); 148 v S 179, § 3 (Eff 1-1-2002); 149 v S 3. Eff 1-1-2002; 150 v S 5, § 1, eff. 7-31-03.


[§ 2151.02.2] § 2151.022. Unruly child defined.






As used in this chapter, "unruly child" includes any of the following:





(A) Any child who does not submit to the reasonable control of the child's parents, teachers, guardian, or custodian, by reason of being wayward or habitually disobedient;





(B) Any child who is an habitual truant from school and who previously has not been adjudicated an unruly child for being an habitual truant;





(C) Any child who behaves in a manner as to injure or endanger the child's own health or morals or the health or morals of others;





(D) Any child who violates a law, other than division (A) of section 2923.211 [2923.21.1] or section 2151.87 of the Revised Code, that is applicable only to a child.






HISTORY: 133 v H 320 (Eff 11-19-69); 146 v H 4 (Eff 11-9-95); 148 v S 181 (Eff 9-4-2000); 148 v S 218 (Eff 3-15-2001); 148 v S 179, § 3. Eff 1-1-2002.
 

magic55

Member
It all depends on what you describe as sexual activity. Maybe you should also try discipling your daughter (she talks to her, take away her phone and her computer, she shes her, ground her for a month. Sometimes a little parenting can go a long way!)
 

teenageradvise

Junior Member
Reply

They are having sex, both of them have admitted to having sex.

To answer the other question I have tried everything to discipline her at one point she only had 5 pairs of pants and 5 shirts and one pair of shoes and a bed in her room. She doesn't have a phone, I sleep with the home phone and lock the computer every night. I have called the other girls parents. She was grounded for 3 months at one point. She is forbiden to see this girl and she continues to find ways to talk to her and see her. She is not allowed to see this girl. My daughter hates me and we are in counselling but it isnt helping because all she cares about is being with this girl.

I have called the police and they cannot do anything because the laws for statutory for female/female and male/male have been revoked in ohio. I asked the police about a restraining order and because she is not threating harm they can only place a temporary order until it goes to court to show cause and then it will be removed.
 

magic55

Member
I didnt mean to challenge your parenting before....Glad to hear you are willing to step up, use tough love, and be a parent.

Since its two girls doing it, I dont think it can be called sex in the first place, but those are my own moral views.

I am looking up this repealing of same sex stautory laws....

Go and get a temporary restraining order. I dont understand why it would be removed you cause, very strong cause. Go to court, the judge will see the cause.
 

Ohiogal

Queen Bee
magic55 said:
I didnt mean to challenge your parenting before....Glad to hear you are willing to step up, use tough love, and be a parent.

Since its two girls doing it, I dont think it can be called sex in the first place, but those are my own moral views.

I am looking up this repealing of same sex stautory laws....

Go and get a temporary restraining order. I dont understand why it would be removed you cause, very strong cause. Go to court, the judge will see the cause.
. I have already quoted the possible statutes that she can use. It is considered sex in Ohio if it is cunnilingus or fellatio. READ THE STATUTES I POSTED! Your own moral views have NO PLACE in the law. As for whether or not she has cause she may not. She would need to prove a crime took place BEFORE getting the restraining order because this is not a domestic violence situation. It is an option but not a guarantee. That is why I told her to apply for one because it is an option. But you can't be guaranteed it would happen.
 
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Ohiogal

Queen Bee
teenageradvise said:
They are having sex, both of them have admitted to having sex.

To answer the other question I have tried everything to discipline her at one point she only had 5 pairs of pants and 5 shirts and one pair of shoes and a bed in her room. She doesn't have a phone, I sleep with the home phone and lock the computer every night. I have called the other girls parents. She was grounded for 3 months at one point. She is forbiden to see this girl and she continues to find ways to talk to her and see her. She is not allowed to see this girl. My daughter hates me and we are in counselling but it isnt helping because all she cares about is being with this girl.

I have called the police and they cannot do anything because the laws for statutory for female/female and male/male have been revoked in ohio. I asked the police about a restraining order and because she is not threating harm they can only place a temporary order until it goes to court to show cause and then it will be removed.
Read the statute up above that i posted. It has not been revoked. It is RIGHT UP THERE! Tell them you want something done.
 

magic55

Member
I wont get into moral views having a place in the law because there I strongly disagree and it just start an argument. Ohiogal is wrong, you have very clear cause for a restrianing order. Though based on what statues she did post, I dont see how it wouldnt apply to a female/female relationship. I did some research and found nothing about it being repealed. ohiogal is right about demanding something be done about that one.
 
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CdwJava

Senior Member
magic55 said:
Ohiogal is wrong, you have very clear cause for a restrianing order.
Unless you have expereinces with the court system there, you don't know that. Many states do NOT issue restraining orders based on accusations without proven harm.

Though based on what statues she did post, I dont see how it would apply to a female/female relationship.
Read 2907.1 where "cunnilingus" and insertion is described as "sexual conduct" ... 2907.04(A) states that sexual conduct by a person age 18 or older with a person 13 or older but under 16 is a felony in the 4th degree.

- Carl
 

magic55

Member
Sorry about that Carl I meant to say wouldnt apply, not would. Thanks.

If they are admitting to having sex thats clear cause.
 
is your problem just that they are lesbians or were you refering to something else when you said they were doing "inappropriate" things.

what are you concerned about exactly? this just seems like such a typical teenage thing, the more you say no, the more she will continue to go against your wishes... it's a vicious cycle that needs to be broken. how old is your daughter now?
 

Shay-Pari'e

Senior Member
texastepmom said:
is your problem just that they are lesbians or were you refering to something else when you said they were doing "inappropriate" things.

what are you concerned about exactly? this just seems like such a typical teenage thing, the more you say no, the more she will continue to go against your wishes... it's a vicious cycle that needs to be broken. how old is your daughter now?
She is 14 and you are way off base with your reply. Sex with a minor is *Inappropriate*.
 
putting the girlfriend in jail would break the cycle i was speaking of... i wasn't sure if her daughter was 14 when this started or 14 now or even if her friend was 17 when it started or 18 when it started... i'm not saying it's right for them to have sex at all, or for her to go against her mother's wishes, it's illegal and for good reason! kids this age aren't reasonable and get desperate, when you tell them they can't see someone ever again, they are going to defy you... maybe charging the girlfriend is the way to go... that's op's call. i was just curious if the friend was also getting her into other kinds of trouble... cause you know they are going to deny the sex part.
 
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teenageradvise

Junior Member
They are now 15 and 19. It may have sounded like just teenagers but there is so much more that I could spend hours and hours maybe even days talking about all the unruly behavior that my daughter is doing that I am worried that she will end up doing something illegal just to be with this girl.

I called the prosecutors office and it is a first come first serve basis so while my daughter is at camp next week I am going to speak to the prosecutor.

Thanks for the information on the ohio law.
 

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