Can I be charged with statutory rape by my girlfriend’s parents even we are not having any type of sexual activity?
If I am dating a 15-yr-old and I am going to turn 18, is it possible for the parents of my 15 yr. old girlfriend to file statutory rape on myself with no evidence, only because they do not want me to date their daughter? They say that they will press charges on me, but what could they convict me for if we are not having sex or any type of sexual activity?
Answered By: Mark Thiessen, Attorney at Law
They would have to take it to a DA. Then the DA would have to accept charges. If there is no penetration then it's not rape.
Answer Applies to: Texas
Replied: 10/3/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Texas
Replied: 10/3/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Lopez Law Firm
There would have to be some evidence of sexual activity. The age difference, less than three years, could also be a defense. That being said, it would be wise to find a girl closer to your age.
Answer Applies to: Texas
Replied: 9/29/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Texas
Replied: 9/29/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Cynthia Henley, Lawyer
First - a person cannot consent to any sexual activity until they are 17 so your girlfriend cannot agree to any kind of touching or intercourse - period. However, it is a defense to prosecution that the older person who has sexual contact of any sort with a person under 17 is within 3 years of age of that younger person. SO - since she is 15 and your are 17, then you would not be prosecuted. Moreover, the parents can't file charges - they can complain to the police but the police would need some kind of evidence such as your girlfriend saying it happened, your gf becoming pregnant, your gf telling others you guys have engaged in some kind of sexual activity, you bragging to others about it, etc. Sounds like it is time to end that relationship. They can trespass warn you to not come on their property and you can be arrested if you do. They can do all kinds of things to her like take away her phone, ground her, etc. There is no relationship at your age that is worth the mess that those parents are going to put you through.
Answer Applies to: Texas
Replied: 9/29/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Texas
Replied: 9/29/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
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