17 and 15 with parents permission

New York

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:

    (a) less than seventeen years old; or
    (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:

    1. He or she engages in sexual intercourse with another person without
    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
    body.
    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.

  • Misdemeanor Class A - Max fine $1000. The prison term shall be fixed by the court for not more than 1 year.

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.


Submitted by Anonymous (not verified) on Tue, 07/26/2011 - 09:18.

So my Mom lives in Virginia and my Dad lives in West Virginia. I was living with my Dad at the time, I am 17 and my boyfriend is 24. If my parents tried to report him to the police which state would it fall under. This sucks cause in his state West Virginia it's fine no law is broken. But in Virginia I think the consent law is at 18 not 16 like WV.

Submitted by Anonymous (not verified) on Thu, 04/28/2011 - 20:39.

boy 21 and girl is 16 and now haveing baby and parents know and all is well want to get married is he safe when child is born someone said that he can get in trouble when she gives birth from hospital is this true.

Submitted by Anonymous (not verified) on Fri, 07/01/2011 - 18:57.

yes my friend is going thru it now tell him not to sign paternity at the hospital
wait till courts a=make him if she is on medicaid

Submitted by samantha (not verified) on Sat, 02/12/2011 - 14:46.

my friend has a boyfriend that is now 18 & she is 15. she will be 16 in October. they have agreed not to have sex until it is legal. her mom is okay with the relationship, just no sex; which they have agreed on. when she is 16, is it then legal for them to have sex? or does she have to wait until she is 17? or even 18? thank you. :)

Submitted by Anonymous (not verified) on Sat, 01/29/2011 - 19:47.

My brother got his girlfriend pregnant at 16. They have two children now and recently broke up. The female is now 19 and threatening to press charges for statutory rape if my mother brings her to court for grandparents rights because someone turned her into CPS before the youngest was born. the female will also bring up that my brother smokes pot because he was in playground accident in elementary school and has severe migraine headaches. The female's parents knew of them having sexual relations and said it was ok. Can she do this?

Submitted by Anonymous (not verified) on Wed, 12/01/2010 - 18:59.

Would it be considered Statutory rape if i had sex with my 14 year old Girlfriend? Ive looked into it but all it said was 18 and above cant have sexual contact with 15 and below. I'm not 18, do i still count?

Submitted by Anonymous (not verified) on Tue, 06/01/2010 - 07:41.

I share joint custody with my ex jusband of our 15 year old son. Recently, during a holiday weekend, my ex husband allowed my son's 14 year old girlfriend to spend the weekend, sleeping in the same bed unsupervised. It is common practice for my ex husbands girlfriend to allow her minor son to sleep and have sex with his underage girlfiend while my son is there. I would like to get full custody of my son due to the nature of the supervision (and lack thereof). Due to the fact that they are both minors, and that the father knows about the behavior, do I have a case for child endangerment ? This young girls parents would flip if they knew....they were under the assumption that the girl was at the birthday "sleepover" of the girlfriends daughter...

Submitted by Anonymous (not verified) on Mon, 10/24/2011 - 10:27.

I belive the teens are not of age to concent to sexual content and the father is comiting child endangerment. If you trully want to take full custody of your son i think you have all the right reassons to fallow throught.

Submitted by Anonymous (not verified) on Mon, 11/02/2009 - 20:46.

If a parent allows the sexual interaction between a nineteen year old male and a sixteen year old female and forces or encourages the relationship, is there a charge against the parent for endangering the welfare of a child?

Submitted by Anonymous (not verified) on Fri, 09/18/2009 - 13:01.

I read in one of the site's responses that in the case of the perpetrator being less than four years older than the victim, an affirmative defense may be available to him. "It then follows that evidence may be presented to negate criminal liability." What evidence would this be? I'm confused because I figure that the only evidence needed would be to prove that he is actually less than four years older than the female (i.e. birth certificate). How would the affirmative defense work in the statuatory rape case? What is being affirmed? The age difference?

Thanks.

Submitted by Anonymous (not verified) on Sun, 04/12/2009 - 20:41.

Can a 17 year old male get accused for statutory rape because he had sexual intercourse with a 15 year old girl even though she is his girlfriend?

Submitted by Anonymous (not verified) on Fri, 04/03/2009 - 10:18.

My family member was involved with his girlfriend since she was 14 1/2 and he was 17. Now she is 19 1/2 and he is 23. They broke up 2 weeks ago. She is upset over the break up and she is threatening to go to the police and press statutory rape charges dating back to her before 17 years. Would she be able to?

Submitted by Anonymous (not verified) on Tue, 02/24/2009 - 12:47.

In NY State I need to know what the laws regarding and 18 year old male and a 15 year old female. My 15 year old daughter was forced by her then 18 year old boyfriend to perform a sex act. What can I do legally to prosecute this and is it a crime?

Submitted by Anonymous (not verified) on Wed, 02/25/2009 - 07:22.

The first step would be to file a report/complaint with police. Nothing can be done if a report is not filed. Legally, it is the Police or District Attorney who ultimately determine if a crime has been committed and if an investigation will be opened based on the details of the report/complaint that is filed.

There can be no "consent" under the laws in NY when a person (minor under 17) engages in sexual activity with an adult. This means that even if the minor verbally consents to the sexual activity, under the law they can NOT consent and the adult may be found in violation of the law.

The 'minor' involved would have to be considered the 'victim' of a crime. There can be no crime without a 'perpetrator' and a 'victim'. The adult 'could' be prosecuted for sexual misconduct which is a misdemeanor offense in the state of NY. Maximum sentence $1000 and 1 year in jail.

The police or DA are the ultimate authority in determining 'if' a crime has been committed.

§ 130.05 Sex offenses; lack of consent.

3. A person is deemed incapable of consent when he or she is:

  • (a) less than seventeen years old; or
  • (b) mentally disabled; or
  • (c) mentally incapacitated; or
  • (d) physically helpless; or

§ 130.20 Sexual misconduct.

A person is guilty of sexual misconduct when:

1. He or she engages in sexual intercourse with another person without
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
body.
Sexual misconduct is a class A misdemeanor.

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