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» Scarleteen Boards: 2000 - 2014 (Archive) » SCARLETEEN CENTRAL » Sex Basics and Sexual Health » Is it rape or it is consensual?

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Author Topic: Is it rape or it is consensual?
Typical Young and Dumb Teenager?
Activist
Member # 37530

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My boyfriend and I dated for a year and a half, then broke up for six months, and now we've been dating now for close to a month.

My mom and I were just talking and I mentioned that he'll be turning eighteen in a month and a half. The thing is, I'm still 16. (We're a year and a half apart.) And the legal age of consent where I live is seventeen. I looked up the laws and this is what I found:

80.1. ;Misdemeanor carnal knowledge of a juvenile

A. Misdemeanor carnal knowledge of a juvenile is committed when a person who is seventeen years of age or older but less than nineteen years of age has sexual intercourse, with consent, with a person who is fifteen years of age or older but less than seventeen years of age, when the victim is not the spouse of the offender, and when the difference between the age of the victim and age of the offender is greater than two years.


She doesn't know that I'm sexually active, nor do his parents, but she said that we "can't have sex" or she'll press charges on him. So, my questions are:
- Since we're not two complete years apart, would this even apply to us?
- And in the case that she does find out before I turn 17, if I did say that it was consensual, could she really press charges on him and say it was rape, of any sort?
He's seventeen now; but will turn 18 at the end of October. I'm sixteen now; and will turn 17 at the end of March.

*I live in Louisiana.


Thanks.

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Young and Dumb.
"Life is a balance of holding on and letting go." - Keith Urban

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Heather
Executive Director & Founder
Member # 3

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The biggest thing to understand as a young person about age of consent laws is that they deny you the RIGHT to consent. In other words, your consent is not meaningful when you are under the legal age in your area to give it. So, no, someone defending themselves or an older partner by saying it was wanted on the young person's part doesn't carry any weight.

(And yes, I have a problem with that. Mind, I support some sound protections for younger people, but I think we could provide those in a way that also didn't dehumanize you or suggest you cannot possibly know your own mind.)

In LA, when an older partner is older than two years, then the sexual activity would fall under that statute. In other words, there is a two-year age difference window where it's okay. And it appears that he is NOT a full two years older than you, which would mean this does NOT apply to the two of you.

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Heather Corinna, Executive Director & Founder, Scarleteen
About Me Get our book!
Never doubt that a small group of thoughtful, committed citizens can change the world. Indeed, it is the only thing that ever has. - Margaret Mead

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Typical Young and Dumb Teenager?
Activist
Member # 37530

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Just to be clear, could she or couldn't she press charges against him since I'm a minor? I'm not fully understanding how that rule doesn't apply to me, but yet, if charges were brought up, they wouldn't allow me to say it was consensual..

--------------------
Young and Dumb.
"Life is a balance of holding on and letting go." - Keith Urban

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Heather
Executive Director & Founder
Member # 3

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He's less than two years older than you, so no. You two are within the bounds of the law.

--------------------
Heather Corinna, Executive Director & Founder, Scarleteen
About Me Get our book!
Never doubt that a small group of thoughtful, committed citizens can change the world. Indeed, it is the only thing that ever has. - Margaret Mead

Posts: 68290 | From: An island near Seattle | Registered: May 2000  |  IP: Logged | Report this post to a Moderator
   

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