Just spent the most informative 3 hours readin this forum, thanks for posting the guides everyone!
Forgive me if this is the wrong subforum for this question, please move it if it is.
I'm hoping someone can help me sort out the legal mumbojumbo associated with the age of consent laws. Specifically, that of Washington state. I read that age of consent is 16, but with a lot of subclauses regarding age of partner, gender of both, and a lot other junk. Can someone demystify this for me? For details: I am female, 23, and he is male, age 16. No I am not sick, I am not a predator. Just making that clear right off.
Subquestion to that- what state law applies on age of consent if we are in a state other than Wa? Say, Oregon? We both live at the border, I am on one side he on the other. Oregons age of consent is 18, but also with a ton of idiotic legalese
Help!
http://www.avert.org/ageconsent.htm
http://www.avert.org/aofconsent.htm
(scroll to the bottom of the page for Washington state and footnotes)
Sorry, I have already seen that. I know it says 16, but many of the other sites I have looked at for the FULL law wording leave me confused. For example, the following:
[quote]RCW 9A.44.030
Defenses to prosecution under this chapter.
(1) In any prosecution under this chapter in which lack of consent is based solely upon the victim's mental incapacity or upon the victim's being physically helpless, it is a defense which the defendant must prove by a preponderance of the evidence that at the time of the offense the defendant reasonably believed that the victim was not mentally incapacitated and/or physically helpless.
(2) In any prosecution under this chapter in which the offense or degree of the offense depends on the victim's age, it is no defense that the perpetrator did not know the victim's age, or that the perpetrator believed the victim to be older, as the case may be: PROVIDED, That it is a defense which the defendant must prove by a preponderance of the evidence that at the time of the offense the defendant reasonably believed the alleged victim to be the age identified in subsection (3) of this section based upon declarations as to age by the alleged victim.
(3) The defense afforded by subsection (2) of this section requires that for the following defendants, the reasonable belief be as indicated:
(a) For a defendant charged with rape of a child in the first degree, that the victim was at least twelve, or was less than twenty-four months younger than the defendant;
(b) For a defendant charged with rape of a child in the second degree, that the victim was at least fourteen, or was less than thirty-six months younger than the defendant;
(c) For a defendant charged with rape of a child in the third degree, that the victim was at least sixteen, or was less than forty-eight months younger than the defendant;
(d) For a defendant charged with sexual misconduct with a minor in the first degree, that the victim was at least eighteen, or was less than sixty months younger than the defendant;
(e) For a defendant charged with child molestation in the first degree, that the victim was at least twelve, or was less than thirty-six months younger than the defendant;
(f) For a defendant charged with child molestation in the second degree, that the victim was at least fourteen, or was less than thirty-six months younger than the defendant;
(g) For a defendant charged with child molestation in the third degree, that the victim was at least sixteen, or was less than thirty-six months younger than the defendant;
(h) For a defendant charged with sexual misconduct with a minor in the second degree, that the victim was at least eighteen, or was less than sixty months younger than the defendant. [/quote]
What the heck does all this at least XX age but not more than XX age?! As far as I can read on this and others that the age of 16 is not a free-and-clear, that there are then more stipulations on age of the other party. One on info site I read a 3 year leeway (ie a 16 yr old and a 19 yr old) but that seems to conflict with that legalese I posted above
This is my confusion :(
Snap
This is civil law not criminal law. You are looking too far into the situation...follow the other laws you found for legal consent in your state. Preponderance of evidence means put simply "what does it look like" and is the easiest conviction for a jury for two reasons. To exemplify: OJ Simpson was cleared criminally but found guilty under civil litigation laws in a civil lawsuit. This "law" outlines an action which can be brought against you by you performing certain actions or acts and the ages which you reference also define the degree of guilt which can be applied. Your question seeks an answer which is VERY complex. The conflict you find is the burden of proof is VERY different since they are different "wrongs".
OK, you are in the U.S. and I have never been there. Since the advent of the EU, there is a new wrinkle in Europe: No matter what the laws of either nation may say, transporting a minor across borders for sex is a law unto itself. Even if neither nations' laws are violated, European laws are violated. Applicable to U.S.?
Considering the 16 yo's I screwed (when I was 16), I cannot imagine it being worthwhile!
Brandye has an excellent point; the laws regarding transporting a minor (the age required by law to be considered an adult not the age for consent of sex) prevails. Basically the state he resides in is the law which prevails. You can wind up sitting with kidnapping charges against you not to mention many others. This is not worth ANY potential risks. Given your age, 23, no court or jury will have any mercy on you. If anything they will make an example out of you. You may feel there is nothing wrong but the maturity level between a 16 year old and a 23 year old is substantially disparate.
Also, regarding this issue Federal law prevails over state law. Read about the age of majority...
I agree w/ the above. If you are having to do research on whether or not you'll be put in jail for having sex w/ a particular person... I wouldn't think it was worth the hassle or the consequences. Wait till he's 18 or find someone that's not jailbait!
Update: We both decided to wait. Its worth it :) Thanks for the advice all
Hi all, long time no see. Another small update: The gentleman did not want to wait, so we parted ways. Very sad....
Congats. Better to learn who you are dealing with now than a few years later.
Thanks Brandye. I guess because of his age, he has changed a lot in the past year. Hes just not someone I want to be with, not anymore. Looking back, I am sooooo glad I didn't risk jailtime for what was essentially a pretty face
[FONT=Times New Roman][SIZE=3]Snap, this is a question for you and I am not trying to criticize or judge. Why were you with a guy so young and how did you get over the age difference? When I was sixteen I dated a girl in my English class that was nineteen. We never talked about age and she assumed I was older. Admittedly it was a lie of omission. When she found out how old I was, she was pissed and stopped talking to me. We only dated for a month before she found out. So what was it about him that let you look past age?[/SIZE][/FONT]
No, its ok. Its not a sore spot for me anymore.
I guess the only reason we hit it off is that we met during something we both had in common, video games. Right off there was chemistry, a dozen or so people in the room and I don't know about him but I was just drawn. Also helped that he didn't look at young as he was, so I assumed 18 or 19. Age didn't even come into play until hours after we had been hanging out, enjoying each others company, and of course, getting more than a little hot for each other. By then it was more a "oh well ****.... this is supposed to be bad... but who gives a ****!". Thankfully I'm not stupid and I hit the brakes a little, talked to some of my friends, and came here among other things.
The ONLY reason I did not slam on the brakes and just leave the whole situation is that in my past I had a most amazing and positive experience with someone much much older. But it was me, and someone else, and I guess this guy now just can't handle it. When I found out about the ages I was kinda hoping it would turn into that, again.
You can PM me anytime if you have more questions about it