Westland, MI asked in Criminal Law for Ohio

Q: My17 year old and his 14year old girlfriend lived with her mom. Can she get him for rape sender she knew the had sex

The mom let them sleep in the same bed and knew the were having sex

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1 Lawyer Answer
Matthew Williams
Matthew Williams
Answered
  • Criminal Law Lawyer
  • Cleveland, OH
  • Licensed in Ohio

A: At the moment, he has not broken the statutory rape laws. In Ohio, it is unlawful for any person to have sex with someone under the age of 13 and unlawful for any person 18 or older to have sex with any person under the age of 16. This means that a person aged 13 to 17 can have sex with another person aged 13 to 17 without committed a sex offense. However, he will turn 18 before she turns 16, which is a problem because it will then be illegal for them to continue a sexual relationship until she turns 16. That's the lay of the land on statutory rape.

Here are two other potentially serious issues. First, and most importantly, any sexually explicit images or video of her, or him for that matter until he turns 18, are illegal child pornography. As weird as this sounds, it may be legal to have sex with someone but illegal to possess a topless photograph of the same person. Second, Ohio has a laws against delinquency and unruliness in minors. These laws are very broadly worded and open to interpretation. He could potentially be found delinquent or unruly for having sex with someone so young, and any adults involved could potentially face charges for contributing. Unless this turns into a big stink, that's somewhat unlikely, but it is a possibility.

In short, it's a very bad idea for them to have a sexual relationship at this point in their lives.

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