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Ray, Lawyer
Category: Legal
Satisfied Customers: 42824
Experience:  30 years in civil, probate, real estate, elder law
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My son has had a girlfriend for the past 1 year he is 16 now

Customer Question

My son has had a girlfriend for the past 1 year he is 16 now she is 15 .About a year ago he and his 2 other guy friends had sex with her all parties where willing this is not a rape case. But just recently her mother found out about it and of course is upset about it and said that she may file charges against him . The question is can she file charges against him. She was 14 at time and my son was 15 at that time the other 2 boys were 14 at time. This is his girlfriend now and she is saying that she was willing.
Submitted: 2 months ago.
Category: Legal
Expert:  Ray replied 2 months ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Expert:  Ray replied 2 months ago.

Yes they can be charged here.

Some state legislatures, such as Texas, have responded to the parental demands for change by enacting so-called "Romeo and Juliet" laws. These types of laws exempt some teenagers and young adults engaging in sexual relations with someone under the age of consent from being classified as sex offenders.

Under Texas' version of the law, if a young adult over the age of 17 has consensual sexual relations with someone under the age of 17, but at least 15 years old, with no more than a four-year age difference between the two, the new law will not require the older party to register as a sex offender if convicted of statutory rape.

The new law also allows those convicted under the old law to clear their names. Those who had to register previously as sex offenders for consensual sexual encounters with a person under the age of 17 can ask the court to review their case. If the court finds that the sexual relationship was consensual and the offender is not a threat to the public, it can exempt the offender from future sex offender registration.

However, the new law has limits on its protections. Although the new law protects the older party in the relationship from having to register as a sex offender, it does not make the older party immune from prosecution based on other sexual-related crimes such as statutory rape.

They may need a lawyer here if they are charged as the girl was underage at the time.

I appreciate the chance to help you tonight.Thanks again.

If you can positive rate 5 stars it is much appreciated.

Customer: replied 2 months ago.
your saying that he could be charged even though they all were 14 and 15 years old at the time it happened and it was consensual
Expert:  Ray replied 2 months ago.

Yes the girl is not of age to consent here.She could say yes 8 times and it wouldn't matter.Sorry please don't shoot the messenger.She was underage and lacks ability to consent.