If a 12 year old girl gives oral sex to a 16 year old male with herpes whats the laws if any?

This should be reported to authorities immediately. There will be medical treatment and counseling necessary for both children.

The adult legal system has several laws that could apply to this situation. Many of these laws apply to juveniles; however, our legal system deals with juveniles in a different manner than adults.

In the state of Indiana, the 16 year old is legally of an age to consent to sexual activity. The 12 year old is far below the legal age and is a victim in this situation. Legally a 12 year old is not capable of consenting to sexual contact which means anyone (including the 16 year old) perpetrating, coercing, enticing, or encouraging a 12 year old to perform a sexual act is in violation of state law.

If the 16 year old has herpes, it is apparent he has been sexually active previously. please visit www.herpes.com [1] for information on Herpes simplex 1 and 2.

The 16 year old will likely be dealt with legally through family services and the juvenile court system. There is a "possibility" if he is a repeat offender, that a judge could recommended he face charges as an adult.

The 12 year old "may" be eligible for some type of victims benefits or assistance toward her counseling and any medical treatment she may require if she has contracted the herpes virus. Please check with the authorities or Indiana Family & Social Services Administration [2]

Herpes is a sexually transmitted disease that as of yet, has no cure. It is possible to contract this disease through oral sex. There is a public health concern with this disease and educational therapy about the disease is necessary for the 16 year old in order to prevent spreading it to other people. If the 12 year has contracted herpes, it will be necessary for her to receive proper education on this as well.

Receiving legal counsel from a licensed attorney is highly recommended for the parents of both children.