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Between a rock and a hard place
Massachusetts
My son is 17 and is dating a 15year old. He will be 18 next month she won't be 16 till fall. I'm concerned they may be having sex. When they are at my house I've seen them laying on the couch downstairs. We've talked to our son and told him that it's not allowed. He now goes to her house where her mom allows them to go to her room! He said she calls him her son-in-law. He also told my husband that his girlfriend said her mom is "kinda a slut" (nice!) My son is doing very well for himself in school and is graduating with a good job. I've warned him to be careful etc. He has told me he'd only get communtiy service if he ever got in trouble with statutory rape. So my question is ... What is the bottom line if he is having sex with this girl now? What happens if he has sex with her when he turns 18? What do I do if this mother is allowing this in her home? He said she is going to allow her daughter to go with my son to Florida when school is out for a vacation. (unbelievable!!) H E L P!
Please share this information with your son.
The bottom line is that the punishment for this is far more serious than "community service".
Turning 18 years of age can be a major wake up call when it comes to culpability in a courtroom. Hopefully, the information in this post pertaining to the legal risks of his relationship with the 15 year old will help him make a tough, but mature decision as to his sexual partners and his responsibilities to follow the law.
There is inherent legal risk and long term implications when adults engage in sexual relations with minors. Upon turning 18 (in most states) a person is considered a "legal Adult" in the criminal justice system. Young adults who grasp the importance of the freedoms we inherit when we follow the laws, will generally navigate the adolescent maze into their adult lives without ever seeing the inside of a jail cell. Unfortunately, those teens who take these freedoms for granted can pay dearly for their oversight.
In Massachusetts, the law describes 18 as the legal age of consent for sexual intercourse. Under federal guidelines it is 16 years of age; however, state laws have jurisdiction unless a federal law is violated. Even then, a person can be charged under both federal and state systems.
Even at age 17, a person can face adult criminal charges under the sexual offense laws in Massachusetts and in Florida. Juvenile court judges refer cases to adult court all the time. If the minor involved is under age 16, it is a more serious offense. After the minor turns 16, it is still a serious criminal offense in both states; however, the charges may be reduced to a misdemeanor instead of a felony. Ultimately, that is up to a District Attorney to determine.
Any person can file a report with authorities. Some people (called Mandatory reporters) are required "by law" to report any reasonable suspicion of any potential violations of the law involving a minor. These people include any school employee, administrators, clergy, teachers, doctors, nurses, counselors, etc...
It's not likely that "Community Service" would be applicable in this situation. Jail time, probation and/or a fine are the punishments for these crimes. It would be in your son's very best interests to contact the District Attorney's office or a legal aid attorney in your area and ask questions about the seriousness of this crime directly.
In the state of Massachusetts a person under 16 years of age is NOT legally capable of consenting to a sexual act; therefore, anyone having sexual intercourse with a minor under 16 years of age can be charged with "Rape" even if the sex is consensual. See Massachusetts laws below
Chapter 265: Section 23. Rape and abuse of child
Section 23. Whoever unlawfully has sexual intercourse or unnatural sexual intercourse, and abuses a child under sixteen years of age shall, for the first offense, be punished by imprisonment in the state prison for life or for any term of years, or, except as otherwise provided, for any term in a jail or house of correction, and for the second or subsequent offense by imprisonment in the state prison for life or for any term of years, but not less than five years; provided, however, that a prosecution commenced under the provisions of this section shall not be placed on file or continued without a finding.
What is the definition of "Unlawful Sexual Intercourse" or "Unnatural sexual intercourse.
Together they are any penetration of the vagina or anus by a penis, tongue, finger, or any other object, or the penetration of the mouth by a sexual organ. It does not matter whether the person under 16 is giving or receiving any form of sexual contact mentioned above, nor does it matter whether the person under 16 is male or female.
Other laws in Massachusetts include:
Chapter 272: Section 4. Inducing person under eighteen to have sexual intercourse
Section 4. Whoever induces any person under 18 years of age of chaste life to have unlawful sexual intercourse shall be punished by imprisonment in the state prison for not more than three years or in a jail or house of correction for not more than two and one-half years or by a fine of not more than $1,000 or by both such fine and imprisonment.
This situation is all too common. We see this scenario a lot. Guys graduate and turn 18, while maintaining a relationship with a younger teen girlfriend. Everything seem great with the girlfriends parents and they seem OK with the relationship; then something happens, a misunderstanding, an argument, a fight, a breakup, an STD, a pregnancy; suddenly, the guy find himself being arrested on sex offense charges.
