|
Thursday August 21, 2008
|
Age of Consent Questions for WashingtonQ&A on statutory rape laws, age of consent laws, sexual assault laws for Washington. Ask your Question Page 1 of 2 | Next >> Parents of a 16 year old girl don't want her to date a 19 year old boy:: December 08, 2007 18:52We are the parents of a 16 year old girl that wants to date a 19 year old boy. We don't want them to date and we just found out that they have been sneaking around and lying to us for the last 6 months, dating anyway. We have told them that they cannot see each other anymore and our 16 year old has been grounded. Do we have the right to keep them apart, or does state law say they can choose because she is 16. Can we file charges against him if they keep trying to date? In the State of Washington under most circumstances, it would NOT be a criminal sexual offense for a 19 year old to be engaged in a sexual relationship with a 16 year old minor (unless this is a State employee in the educational or correctional system.) The legal age of consent in Washington is 16. That said, this does not mean the 19 year old could not be held legally accountable for other activities and influences over the 16 year old minor. The parents have full legal authority over the minor's activities; the 19 year old (as a legal adult) has NO legal rights to override the authority of the parents. As parents of the 16 year old, you are legally responsible for the care, welfare and control of your minor child until she reaches the age of 18. If the 19 year old puts your minor child "at risk" there are other legal actions that may be initiated to prevent contact even if the minor resists or does not cooperate. What does "At Risk" mean? Generally speaking, if the 19 year old is contributing to the 16 year old's delinquency by encouraging destructive or unlawful behavior such as, truancy, running away, alcohol use, cigarettes, drug use, sexual exploitation, prostitution, etc... any of this, it should be reported to police and if the behavior continues, there may be sufficient grounds to request a restraining or protective order against the 19 year old, which would make it "illegal" for him to have contact with her. Generally, violation of a court order means jail time. These are things that are under the control of local law enforcement and often subject to available city/county resources rather than state resources. You would need to contact your local district attorney or police to understand what actions can be taken immediately to prevent escalation or further risk to the minor. It may be wise to seek legal representation in the matter. legal age:: November 10, 2007 20:06at what age can a young male in washington state legally give his consent to engage in sexuall activities? In most situations, the age is 16; Special Circumstance: In Washington the age of consent changes to 18 if the adult perpetrating the sexual relationship is in a position of control or authority over the minor, or a public employee at least 48 months older than the minor; such as a teacher, or employer. 14 and 17 almost 18:: August 08, 2007 15:49can a family member send my boyfriend to jail for statutory rape if he is only 33 months older then me if I was pregnant? When we had sex it was consensual? Yes, a family member or anyone can file a complaint if they think a crime has been committed. If he is 17 or 18 and is engaged in a sexual relationship with a minor under the age of 16, he can be arrested and face charges. In the state of Washington, a minor is not legally capable of consensual sexual contact with another until they are 16 years of age or older. In other words, it doesn't matter if a 14 year old consents to a sexual act; the law says they can not. This means that the 17 or 18 year old could be in trouble legally. Can an 18 and 15 yr old date if we got in trouble with the law?:: August 02, 2007 00:38My boyfriend and I were naked because we were going to have sex and the cops came. there was no proof that we were going to have sex so no charges were pressed, but there is a warning out. Can we legally date? or do we have to wait until im 16? Question Revisions: based on information from email correspondence: "The 18 year old in this matter has been instructed by a judge not to see the minor and has been issued a warning instead of facing criminal charges." See revision below. statutory rape:: July 07, 2007 00:39Can you charge a 17 year old with statutory rape if he has consentual sex with a 14 year old? Rape of a child in the third degree.(1) A person is guilty of rape of a child in the third degree when the person has sexual intercourse with another who is at least fourteen years old but less than sixteen years old and not married to the perpetrator and the perpetrator is at least forty-eight months older than the victim. (2) Rape of a child in the third degree is a class C felony. Unless the 17 year old is 48 months older than the victim, the situation you describe does not violate the sexual offense statute in the state of Washington.Sexual Offense Definitions - Is kissing sexual activity?:: June 28, 2007 14:24I'm understanding that sexual activity between a person over 18 and a person under 16 is considered statutory rape in the state of Washington. What I haven't found the answer to is if kissing is considered sexual activity? Is there a certain point it becomes illegal or does the state consider any lip connection sexual activity? Sexual Offense definitions under Washington state criminal code could be considered "broad", especially the term "sexual contact". Ultimately, this type of ruling would have to be based on a judges interpretation and would likely be determined on a case by case basis. RCW 9A.44.010 Definitions.(1) "Sexual intercourse" (a) has its ordinary meaning and occurs upon any penetration, however slight, and (b) Also means any penetration of the vagina or anus however slight, by an object, when committed on one person by another, whether such persons are of the same or opposite sex, except when such penetration is accomplished for medically recognized treatment or diagnostic purposes, and (c) Also means any act of sexual contact between persons involving the sex organs of one person and the mouth or anus of another whether such persons are of the same or opposite sex. (2) "Sexual contact" means any touching of the sexual or other intimate parts of a person done for the purpose of gratifying sexual desire of either party or a third party.what about parents?:: May 23, 2007 22:23what if both sets of parents know that two people are having sex at different ages, but they are fine with it because they practice safe sex with condoms? can the older of the two still be placed in prison even if the parents do not wish they be? A parent does not have legal authority to give consent to a minor child to violate state laws. In fact, a parent can be found in violation of state law if they are condoning or encouraging a minor to have illegal sexual relations. The statutory rape laws are just like all other state laws. If you violate them and get caught, you will be prosecuted and a parents consent will not stop the prosecution. 16 & 18:: April 15, 2007 15:40I have been talking to a guy that just turned 18 and i am 16. Is it illegal for him to dat me or have sexual contact with me since i am not 18? The age of consent in the state of Washington is 16. This means that under current statute, the adult would not be prosecuted for the sexual offense "Rape of a child" (statutory rape) if engaged in consensual sexual relations with a minor age 16 or 17. Special Circumstance: In Washington the age of consent changes to 18 if the adult perpetrating the sexual relationship is in a position of control or authority over the minor, or a public employee at least 48 months older than the minor; such as a teacher, or employer. All other laws pertaining to minors apply at the age of 16. It is unlawful to contribute to the delinquency of a minor; aid a minor runaway; purchase cigarettes or alcohol etc... It is also not lawful for any adult to transport a minor out of state without parental consent. dating:: November 05, 2006 13:23Ok so I have a boyfriend now for a month that is 14 years old but turns 15 in April. I just turned 18 in September and I was wondering if it is legal for us to date or engage in sexual activity? I read the question below that was similiar to this but decided to ask for sure because I am very curious of the answer. thanks Dating is fine as long as there is no sexual "contact" or sexual "intercourse" with the minor and you have consent to date the minor from his parents or legal gardians. The 14 year old is not "legally" capable of consenting to have sex. In the state of Washington, adult sexual activity with a minor child under the age of 16 is a sex crime. If you were charged in the matter, you "could" be charged with a sexual offense against a minor. The laws are applied based on the age difference between both parties. The law below may apply in your situation. RCW 9A.44.079 Rape of a child in the third degree. (1) A person is guilty of rape of a child in the third degree when the person has sexual intercourse with another who is at least fourteen years old but less than sixteen years old and not married to the perpetrator and the perpetrator is at least forty-eight months older than the victim. (2) Rape of a child in the third degree is a class C felony. No matter whether the 14 year old verbally consents or thinks it's ok, it is not ok. The 14 year old and the 18 year old do not share equal footing in the law, nor do they share equal accountablity under the law. The 14 year old is a minor and the 18 year old is an adult, "Legally." 26 and 16, almost 17:: October 16, 2006 15:21My girlfriend is almost 17 i am 26, I am in love with her, i would give my life for that girl. We are both hispanic and our concept of this relationship is quiet normal. Her parents want the best for her, and filed a restraining order against me fall 2005, year ago. We did not violated it but her father decided to extend it even tough she was already 16 1/2. Then we stayed in touched during this year and i got arrested when i was found with her, what can i do now? is she legal to be with me? can we take the restraining order away? Since she is sixteen years of age, you most likely would not be charged with a sexual offense if arrested while together, as long as there is no evidence of sexual involvement prior to her sixteenth birthday (such as pregnancy;) however, there are many other laws that you could unknowingly violate and be held accountable for simply due to the nature of the adult/juvenile relationship and the fact that her parents maintain authority and object to your involvement with their daughter. Basically, if you do not have her parents permission, you are violating their authority over their (minor) child. The sixteen year old has parents who take their parental obligations, rights and responsibilities very seriously when it comes to the welfare of their daughter. A 16 year old is a "minor child" in the State of Washington. She remains a minor child until the age of 18. As long as she is under the age of 18, her parents have legal responsibility and authority over her. The only exception to this would be if the court grants the juvenile rights as an adult under the emancipation process; or, the minor becomes a ward of the court until the age of 18. Your questions: (1.) I got arrested when I was found with her, what can I do now? It is imperative that you follow the law with regard to this restraining order and take care of any legal obligations that have developed as a result of your arrest. Do not miss any court dates. Get representation by an attorney (you have a legal right to representation by a court appointed attorney if you can not afford a private attorney.) Focus on taking care of this legal obligation. Violating a restraining order where a minor child is involved can lead to serious trouble. Make sure the court knows that you are taking your obligation seriously and above all else, DO NOT violate the restraining order again. You could already be facing “criminal†and “contempt of court†charges. Violation of a restraining order with actual knowledge of its terms can be considered a criminal offense and will subject the violator to arrest. (2.) Is she legal to be with me? No she is not. She is a minor and you are an adult. You need her parents consent to be involved in a relationship with their minor child. This situation is not all that uncommon. Here is a typical scenario of what can happen to someone in your situation: This is just an example. The 16 year old gets mad at her parents and runs away from home. Her parents report her missing to the police and tell the police they suspect she is with you. She is now breaking the law as a runaway. She is found at your residence or found with you. She is arrested as a juvenile runaway and is returned to her parents custody. You are arrested for violating the restraining order a second time, contributing to the delinquency of a minor, aiding a runaway; if she consumed alcohol at your residence you may also charged with distributing alcohol to a minor; the list of charges can multiply very quickly. It can get very messy legally for adults who become involved in relationships with minors where parents assert their parental authority. (3.) Can we take the restraining order away? The respondent (you) may contest the Restraining Order and the court will schedule a hearing within a short amount of time. You need to go to the Washington Court clerk and request the court documents to file this. I would advise you to consult with an attorney before moving forward with this type of action. Page 1 of 2 | Next >> |
WA Age of consent is 16
|