stephaniemae
New Member
Hi I had just wanted to know if I was against the law for a 16 year old and a 18 year old to be dating.
is it against the law??
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cbg
Super Moderator
That depends.
If the 16 year old's parents says that she (or he) cannot date the 18 year old, then she (or he) cannot date the 18 year old. The law is NOT going to force the parents to let their 16 year old minor child date someone they do not want her (or him) to date.
Beyond that, the law does not give a hoot who the 16 year old hangs out with at the mall, goes to school events with, goes to dinner and the movies with, etc. The law cares only who the minor has sexual contact with.
If the 16 year old's parents says that she (or he) cannot date the 18 year old, then she (or he) cannot date the 18 year old. The law is NOT going to force the parents to let their 16 year old minor child date someone they do not want her (or him) to date.
Beyond that, the law does not give a hoot who the 16 year old hangs out with at the mall, goes to school events with, goes to dinner and the movies with, etc. The law cares only who the minor has sexual contact with.
shrinkmaster
Well-Known Member
This question comes up weekly here and other forums. The answer is always the same. There are no laws that define or restrict "dating" its when sex or sexual contact (does not have to be physical) comes in that the law or laws apply. As stated above the parents of the minor hold the trump card their word is law!
fredrikklaw
Moderator
Regrettable Presumption!
STEPHANIEMAE…
Technically, yes! Of Course it is illegal for an 18 year old to date a 16 year old with the relative criminal statutes reading almost identically throughout the United States, and are almost verbatim which say in essence that a person who has not reached 18 years of age IS AN INFANT, or a minor as it is better know, and the person who is 18 years or older is an ADULT, and never the two shall meet in romantic situations or there will be consequences.
But I said technically!
Because even though the laws which are meant to protect minors from adult predatorily conduct are serious in nature and even more seriously applied (and rightly so) and that any relationship between a minor and an adult is never condoned and always frowned upon, there is only one situation in which the adult can escape punishment but be reprimanded heavily for having relations with a minor. And that is when the age difference between the happy couple is no more than three (years + or -).
So if one is 15, the other better be 18, or if the girl is 17, the boy had better be no older than 20 years old, and I would be remiss if I did not say that the line for such tolerance is drawn heavily at the age of 14. PERIOD!
Again, this three- year age difference is NOT a license for an adult to date minors with impunity, but it is a Rebuttable Presumption that comes into play should the adult find himself or herself in the criminal court.
As for what Rebuttable Presumptions means in this regard, well, you should look it up for yourselves.
fredrikklaw
STEPHANIEMAE…
Technically, yes! Of Course it is illegal for an 18 year old to date a 16 year old with the relative criminal statutes reading almost identically throughout the United States, and are almost verbatim which say in essence that a person who has not reached 18 years of age IS AN INFANT, or a minor as it is better know, and the person who is 18 years or older is an ADULT, and never the two shall meet in romantic situations or there will be consequences.
But I said technically!
Because even though the laws which are meant to protect minors from adult predatorily conduct are serious in nature and even more seriously applied (and rightly so) and that any relationship between a minor and an adult is never condoned and always frowned upon, there is only one situation in which the adult can escape punishment but be reprimanded heavily for having relations with a minor. And that is when the age difference between the happy couple is no more than three (years + or -).
So if one is 15, the other better be 18, or if the girl is 17, the boy had better be no older than 20 years old, and I would be remiss if I did not say that the line for such tolerance is drawn heavily at the age of 14. PERIOD!
Again, this three- year age difference is NOT a license for an adult to date minors with impunity, but it is a Rebuttable Presumption that comes into play should the adult find himself or herself in the criminal court.
As for what Rebuttable Presumptions means in this regard, well, you should look it up for yourselves.
fredrikklaw
shrinkmaster
Well-Known Member
Ok lets try again there are NO LAWS that define or restrict "dating". In addition laws in regards to sex or sexual content do not always have a age gap clause and age of consent can vary as well. If age of consent in your state is 16 then sex or sexual contact can be legal. However again the true governing force here is not the law but the parents of the minor
shrinkmaster
Well-Known Member
Steph: please define what you call "dating" and what you feel your dates will include? This can be helpful to getting you your answers
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