St Louis, MO asked in Civil Litigation, Family Law and International Law for Colorado

Q: Urgent Legal Advice Needed: Age of Consent and International Dating Regulations

I hope you can assist me with an important legal question that is causing me some concern. As an American citizen currently living abroad, I have started a relationship with a 17-year-old individual from Brazil. Given that the age of consent in Brazil is 14 and in my home state in the U.S. it is 16, I am confused about the legal implications of our relationship. Could you please clarify how age of consent laws apply in this context? Specifically:Is it legal for me to date someone under 18 while I am abroad? Does the age of consent from my state or Brazil apply in this situation? How might these regulations impact my plans to apply for a fiancé visa in the future? Your expertise on this matter would be incredibly valuable to me, and I am eager to understand the legal boundaries I need to navigate. Thank you in advance for your guidance.

1 Lawyer Answer
James L. Arrasmith
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Answered
  • International Law Lawyer
  • Sacramento, CA

A: While age of consent laws vary between jurisdictions, engaging in a relationship with someone under 18, especially with a significant age gap, is generally not advisable regardless of location.

I would strongly caution against pursuing a relationship or marriage with a 17-year-old, either in Brazil or the U.S. Even if it may technically be legal in Brazil, there could be issues with bringing a minor spouse or fiancé to the U.S. on a visa. More importantly, a relationship with that age gap raises questions about power imbalances and the ability of a minor to fully consent.

My advice would be to very carefully reconsider this relationship. I know matters of the heart are complex, but dating someone so young could put you on shaky legal and moral ground. If you still have questions, I'd recommend consulting with an attorney specializing in family law and immigration to fully understand the legal ramifications. But the most prudent course of action may be to wait until this individual is over 18 before pursuing anything further.

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