Thursday November 27, 2014
17 and 15 with parents permission
my friend is a Seventeen year old male, and he has a 15 year old girlfriend, they have had sexual intercourse. The females parents know of them having sex, both the girl and her mother approved of their having sex. The males parents want to charge him with rape. Can his parents charge him with rape? What is affirmative Defense? If both the parent of the girl and the girl were willing with the sexual intercourse, do the males parents have a legal case?
A 17 year old is legally capable of consenting to sexual contact and intercourse.
A 15 year old is NOT legally capable of consenting to sexual contact or intercourse. At 15 years of age, the New York "Lack of Consent" law applies. This means, the 17 year old is violating a state law by engaging in sexual acts with a minor under the age of 17.
§ 130.05 Sex offenses; lack of consent.
3. A person is deemed incapable of consent when he or she is:
(b) mentally disabled; or
(c) mentally incapacitated; or
(d) physically helpless; or
It does not matter that she or her parents have given consent verbally or otherwise. The law says she is incapable of giving such consent. In they eye of the law, the 17 year old is engaging in sexual acts with a minor, without consent.
§ 130.20 Sexual misconduct.
A person is guilty of sexual misconduct when:
such person's consent; or
2. He or she engages in oral sexual conduct or anal sexual conduct
with another person without such person's consent; or
3. He or she engages in sexual conduct with an animal or a dead human
Sexual misconduct is a class A misdemeanor.
His parents do not need to make a case; they only need to file a report with the police or the DA's office. Depending on local procedure and resources, the 17 year old may be cited and/or arrested and prosecuted.
Due to the age difference between them not being more than 4 years, evidence may be presented to negate criminal liability, this would be called an affirmative defense to the crime and charges may not be filed. If such evidence does not exist, the charges may be filed as a Class A Misdeanor.
In criminal cases, it is not up to a parent to make a case. It is up to a New York State prosecutor.
With regard to her parents consenting to the sexual relationship: Parental authority does not extend to overriding state laws. A parents permission will not make it legal.
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