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Thursday February 9, 2012
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Age of Consent Questions for WashingtonQ&A on statutory rape laws, age of consent laws, sexual assault laws for Washington. Ask your Question Page 2 of 2 | << Previous 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. Her father wants to sew me for rape.:: September 11, 2006 23:19Me and my girlfriend have been dating for about two years now. We recently decided to try having sex. We were both 15 years old at the time. Some how her father found out about it. He was threatening to sew me for raping his daughter, eventhough she says it wasn't rape. Could he file this against me? If not what could happen at all? In Washington, Rape of a child, also known as statutory rape, occurs when an adult, who is a certain number of months older than the victim, has sexual intercourse with a child under 16 years of age. If the victim is at least 14 years old, but less than 16 years old, and the offender is at least 48 months older than the victim, the offender is guilty of rape of a child in the 3rd degree, which is a class C felony with a seriousness level of VI. Rape of a child in the 3rd degree is not a two strikes offense. Your situation does not fit within the above rape statutes criteria; Given that you and the girl are the same age and neither of you are within an age of legal consent, this would likely fall to a family court situation if charges were brought against you. I would urge you to seek professional legal counsel. I have provided a URL to Washington State Legal Aid Services. Given that you are a minor, you may be required to enlist the support of your parent or legal gardian. http://www.legalaidforwafund.org/civillegalaid.htm Page 2 of 2 | << Previous |
WA Age of consent is 16
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