Two 16 year olds having sex

New York

We just found out our 16 year old son is having sex with his 16 year old girlfriend; can her parents charge our son with statutory rape?

Not Likely.

There is no way to say with absolute certainty how authorities might respond or how a family court judge might rule on something like this.

Let's say, the girls parents did report this to authorities; in most juvenile justice systems across the country where minors, very close in age, are caught having consensual sexual intercourse, family court judges have been known to hold both minors to the same standards for a particular violation. Both minors may be found equally culpible and accountable for their actions. This would likely not be treated as a criminal offense if no criminal history or past similar offenses exist.