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Is it illegal if both are willing?


Question Posted Tuesday May 29 2012, 7:04 pm

Hi there. If I wanted to have sex with my 17-year-old boyfriend of 3 years (I am 14) and he was not forcing me or bothering me with the question (actually it was me who wanted to) is it wrong?

Is it illegal if both the 17 year old and the 14 year old are BOTH consenting?

DISCLAIMER: Even though I used myself as an example, I am not saying that i plan on having sex yet! I promise!

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adviceman49 answered Wednesday May 30 2012, 11:09 am:
In the example you have given using yourself. You as a 14 year old are under the age of consent in most all of the 50 states. The boy being 17 is over the age of consent and being 3 years or older, depending on how the state wishes to judge your ages could be charged with statutory rape. This would depend on the laws in your particular stat and if it has an exception for a certain number of years difference in age. Generally though this may only apply to someone over the age of consent but still under 18.

These laws are very tricky and are made so to protect young women/girls from older boys.

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WittyUsernameHere answered Wednesday May 30 2012, 3:45 am:
Depends on the state. Google "age of consent laws in _______" with the ______ being filled by your state.

Some states 3 years is alright, some states it's not. Generally if you're both under 18 there is no law against it but once he turns 18 it's possible that it could be illegal and it's possible that it could not.

More than exactly 3 calendar years to the day between your ages is illegal pretty much everywhere in the US once one of you is 18 so far as I know. Under 3 years is legal in some states and illegal in others, while 2 years or less is usually legal no matter what.

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xJustAskMeDuhx answered Wednesday May 30 2012, 1:39 am:
Legally, you're not old enough to legally give consent. So yes, in most states, sex between you two would be considered illegal and he could be charged with statutory rape, whether or not you were to willingly participate. This is because statutory rape isn't necessarily "rape"; what defines statutory rape is the ages of those involved. Even if you're willing, in the eyes of the law you don't yet have the right state of mind to participate in consensual sex because you're still legally a child.

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