Asked in Criminal Law and Juvenile Law for Colorado

Q: My son 17 he was held back in school dating girl in his class but she is just 15... her parents consent worst could be?

My wife has meet her parents I plan to very soon. Can we protect my son? Already explained having sex and her parents could file charges.... correct? Very very nervous about this but don't want to make him end it..and who says they would....

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1 Lawyer Answer
Tristan Kenyon Schultz
Tristan Kenyon Schultz
Answered
  • Fort Collins, CO
  • Licensed in Colorado

A: I understand your concerns about minors having sex (not a good idea...), but statutory rape should not apply based on the facts your provided above.

The age of consent in Colorado is 17, however, there is an age waiver (aka Romeo and Juliet law). If the youngest person is under 15 the age gap can be no greater than 4 years. If the youngest person is at least 15, the age gap can be 10 years. In either case, if the age gap is met statutory rape cannot apply (aka sexual assault in Colorado). Note, these rules only apply for under age sex, the normal rules about rape (i.e. unwanted sexual assault) applies regardless of age.

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