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hocuspocusme, USA Legal
Category: Criminal Law
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Can an 18 year old date a 15 year old if there is no sexual activity?

Resolved Question:

Can my 18 year old date a 15 year old if they claim there is no sexual activity. I worry because they did sneak out one night until 7 in the morning and stayed together talking they said. We live in Arizona and she is constantly sneaking around calling him and him her even though I've forbid them to see each other. She says as long as they are not sexual they can. I need to know. Please!
Submitted: 8 years ago.
Category: Criminal Law
Expert:  hocuspocusme replied 8 years ago.
It is not illegal for them to date, but it is certainly illegal for them to engage in any sexual activity.

Here is the statute: They are very close to the cutoff age, I would not permit the relationship to be free and unsupervised. Your son could be in serious trouble if they have sex and her parent's press charges.


§ 13-1405

Sexual conduct with a minor to engage in sexual intercourse with someone under age 18.

(1) If the minor is under age 15, five years in prison; (2) if the offender is at least age 18 or is tried as an adult and the minor was age 12 or younger, life in prison and the offender is ineligible for release until serving 35 years; (3) if the offender is at least 18 or tried as an adult and the victim is age 12, 13, or 14, the presumptive sentence is 20 years; or (4) if the minor is at least age 15, it is punishable by one year in prison

Customer: replied 8 years ago.

So will the law accept their word that there has been no sex even if they stayed out all night until 7 in the morning when she tried sneaking back into the house? In the past I've caught her having phone sex with some other online person but she swears this hasn't happened with this kid. Doesn't his parents have some sort of responsibility to protect him from her contacting him?

Expert:  hocuspocusme replied 8 years ago.
No that is not how it works legally. I am assuming that you child is the son and the girl is for some other parents.

If at any time the daughters parents feel your son is sleeping with their daughter they can press statutory rape charges against your son. Of course it has to be proven by medical tests that they have engaged in sex. That can be proven easily by a medical vaginal exam.

If that is proven then whether consensual or not, your son is in big trouble because their daughter is not old enough to consent. She is a minor.

If you believe they are having sex, I would tell your son to stay away from her until she gets older.
Customer: replied 8 years ago.
No my daughter is the 18 year old and he is the 15 year old and I am a teacher so I am required to report any form of child abuse but I don't know if this is a form of child abuse because I can't require her to get checked or prove that intercourse came from this kid. I don't want her to get this on her record but I feel it is wrong for them to see each other and dangerous because of her past history with phone sex. However, it appears she needs legal confirmation that they can't see each other to stop.
Expert:  hocuspocusme replied 8 years ago.
Well you tell her that you spoke to legal counsel and show her the statute for the state and tell her that she is of the majority and the law applies the same whether the majority is female or male. She would be the one in trouble if his parents would press charges. This is not something to take lightly and yes you being a teacher it is your responsibility to make sure this does not happen. This boy is a minor. You need to stop the relationship if you firmly believe there is a sexual relationship going on.
Customer: replied 8 years ago.
Sorry to bother you again but shouldn't his parents be more responsible and can't they be forced to help put a stop to this relationship? I can't help but feel they are being negligent by allowing him to continue to contact her against my wishes. I guess I just want a legal reason why they can't allow her or him to see each other this way because I know it could lead to sexual activity and my daughter will be the one to pay the penalty by law. please help me find a way to make them see this is a dangerous situation. I do feel it is possible that this is sexual and even made her get a pregnancy test which the doctor said was negative but there was no physical exam to prove any sexual activity and because she is 18 I can't make her do anything. I feel like my hands are tied so do I or am I required to report this to the authorities?
Expert:  hocuspocusme replied 8 years ago.
You are not required to report this to this to the authorities because your daughter not a minor. You jeopardize getting your daughter in trouble if you speak to the parent's of the boy about this situation since he is a minor. If they already know about the relationship then, I will advise you to speak to them, only if you are certain that they are aware of the relationship.

Proof of sexual intercourse can be proven by medical examination by examination of your daughter if it would come to a filing of rape by the parent's of the boy but, it would be difficult to prove non-consensual sex by way of examination. But the law states that he is not old enough to consent to sex with an adult.

Yes your daughter will pay the penalty if the parents of the son do not agree with the relationship. Do they know? If they know then you should talk to them and find out if they agree!! If they do not know I suggest that you do not contact them.
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