my freind is 16 and so is his girlfreind he is older by 4 months. they had sex and now she is pregnet. her mom wants to charge him with statutory rape can he be charged since he is a minor
If they are both the same age and both under the age of consent, it is not likely that the 16 year old male would face criminal charges, as long as, the sex was consensual. It would be difficult to rule that one gender has more culpability than the other or that one is a victim and the other is not if they are both the same age and both consenting to the act. It is more likely that there would be some type of remedy found in a juvenile court system or family court system for both 16 year olds. Both parents of the 16 year olds would have to be involved, or the court would have to emancipate both minors making them legal adults.
At this time, there is no direct emancipation law that we've found in the state of WI; however, there is case law suggesting emancipation through marriage for ages 16 and 17, and also through active duty service in the armed forces.
(2) If a person is between the age of 16 and 18 years, a marriage license may be issued with the written consent of the person's parents, guardian, custodian under s. 767.225 (1) or 767.41, or parent having the actual care, custody and control of the person. The written consent must be given before the county clerk under oath, or certified in writing and verified by affidavit or affirmation before a notary public or other official authorized to take affidavits. The written consent shall be filed with the county clerk at the time of application for a marriage license. If there is no guardian, parent or custodian or if the custodian is an agency or department, the written consent may be given, after notice to any agency or department appointed as custodian and hearing proper cause shown, by the court having probate jurisdiction.
what if the boy is 17 and the girl is 16....both parties agree to the sex.....can parents charge the boy for having sex with their 16 year daughter?