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if a girl who is over 16, in a state where the age of consent

is 16 meets an older...
if a girl who is over 16, in a state where the age of consent is 16 meets an older guy for sex, and her parents find out, can anything be done legally, even contacting him for questions or is he protected since she is over the age of consent?
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Answered in 2 minutes by:
10/6/2013
Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Legal
Satisfied Customers: 16,723
Experience: Experienced Licensed Attorney
Verified
Hello. My name is XXXXX XXXXX I will be happy to answer your question.

As long as, the sex is consensual between the 16 year old and this older man, generally there would not be anything illegal or criminal in such action, thus there would not be any legal recourse that the parents of the 16 year old would have against the older man.

I wish you the best of luck!
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Customer reply replied 4 years ago

thank you, XXXXX XXXXX other part of my question was can anyone, the parent, police, etc even contact the older man in any way?

Thank you for your follow up.

The parents of 16 year old can question this situation and also can attempt to contact this older man, but the older man would be under no legal obligation to talk to the parents and if the older man states that he doesn't want to have contact with the parents, the parents would have to stop any contact with the older man.

I wish you the best of luck!
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Customer reply replied 4 years ago

how about if the only way they would know who he was would be to search internet records, IP addresses etc? can anyone legally do that in this situation?

Thank you for your follow up.

Anyone can search internet or ip addresses with or without a reason.


I wish you the best of luck.

Please click on the "Excellent Service" feedback, so I can receive credit for my answer.

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Customer reply replied 4 years ago

yes but legally, the police or others couldnt do anything with that information in this situation, correct? since nothing illegal happened?

Thank you for your follow up.

If under the state law the age of consent is 16 and the 16 year old has consensual sex with an older man, without any forcible action or coercion by the older man and the 16 year old does not suffer from any mental disability that would impair this girls mental capacity to give such consent, then such act would be considered legal under the law.

I wish you the best of luck.
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Customer reply replied 4 years ago

so just to clarify, no one could contact him legally to question him, correct?

Thank you for your follow up.

Anyone can contact this older man, but the older man is under no legal obligation to talk to anyone and can simply ask whoever contacts him to stop any further contact and if the person doesn't stop, such unwanted contact can be considered harassment or stalking.


I wish you the best of luck.

Please click on the "Excellent Service" feedback, so I can receive credit for my answer.

Bonus and positive feedback are always appreciated, but are not required

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Customer reply replied 4 years ago

anyone including the police? the only way they would know who he was would be to get information from internet companies, etc

That is correct.
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Customer reply replied 4 years ago

so the police could legally obtain this information from internet providers and question hi even though she is over 16?

Why would police be involved in this case, if nothing illegal took place?

Can you provide me with more details why you are so concerned with criminal prosecution or some type of action by the parents of this 16 year old girl?

Unfortunately, I don't have anything else to add to my answer, unless you can provide me with further details of what took place and what has you so concerned?

Keep in mind that the information you post on this website is open to public.
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Customer reply replied 4 years ago

the parents found out, and she has to go talk to an investigator. Based on her age, youve told me nothing illegal took place but it would be a bad thing for him if people showed up asking questions. My assumption is that even if the parents are upset, if she is of age, I cant imagine the police could dig up his information and go talk to him, simply because the parents are upset? they would not have just cause under the law to find this person and question him based on the parents being upset, but her being of age?

Thank you for your follow up.

In what state did this take place?

The police will question the 16 year old girl and if police determine that the older man might have in some way coerced this minor child to have sex with him or in some way forced this sexual encounter, then police will further investigate this situation and will likely locate the older male and will attempt to question older male.

If the older man is approached by police or anyone else about this matter, the older man should under any circumstances say anything or make any statements to anyone without a local criminal attorney present, as anything that the older man say, will only be used against the older man if the police and DA decide to bring criminal charges against the older man based on evidence or statements from the 16 year old.

I wish you the best of luck!
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Customer reply replied 4 years ago

in minnesota. she responded to a craigslist ad he had.

Thank you for your follow up.

Was there any type any type of compensation offered or paid by the older male?
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Customer reply replied 4 years ago

no, not at all

Well, my answer stands as stated above.

Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Legal
Satisfied Customers: 16,723
Experience: Experienced Licensed Attorney
Verified
Alex J. Esq. and 87 other Legal Specialists are ready to help you
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Customer reply replied 4 years ago

can I ask a follow up question on this?

Customer reply replied 4 years ago
Relist: Other.
follow up question on topic
Hello again.

Please let me know what is your follow up question for me?
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Customer reply replied 4 years ago

well it has to do with the age of consent, I am assuming that age of consent not only addresses consent for sexual contact but also talking online about sexual issues and sending images etc? in other words could this man be in trouble because he was exchanging emails and images or is that all covered under the age of consent?

Thank you for your follow up.

Was the older man located in the same state as this girl where the age of consent is 16?

Did this underage girl ever send any photo or other sexually explicit images of herself to this older man?
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Customer reply replied 4 years ago

located both in MN, yes she did

The state law age of consent only covers the age at which a person can engage in actual consensual sexual intercourse and nothing else.

If the 16 year old sent sexual images of herself to the older man, the older man would be guilty of possession of child pornography under both state and federal law, as it it illegal to possess any images of sexual nature, where a person under 18 is depicted and the older man can be facing felony child pornography charges under the state and federal law and many years in prison and a lifetime registration as a sex offender if charged and convicted of possession of child pornography.

The older man should urgently consult with an experienced local criminal defense attorney experienced in child pornography and not to discuss this situation with anyone without the local criminal defense attorney present.

I wish you the best of luck!
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Customer reply replied 4 years ago

The images were sent by her at the time she said she was 18, when she finally told him she was 16 he deleted the emails. does that make a difference? do you have any suggestions for someone in the twin city area who would handle something like this?

Thank you for your follow up.

It might or might not make a difference depending on the facts and evidence of the case, and the situation is appears so serious that at this point it is imperative for the older man to consult and retain local criminal defense attorney and not try to speculate about the case on his own.

Unfortunately, we are not permitted to refer JA customers to specific lawyer or law firm, however you can find an experienced local criminal defense attorney by using this well trusted and reliable attorney information / referral websites:

www.martindale.com

www.lexmundi.com

www.lawyers.com

www.justia.com

I wish you the best of luck!

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Alex J. Esq.
Alex J. Esq.
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