We've been friends since elemntary school and we started dating when I was in ninth grade, now I'm a junior he's a senior. We've never had sex before, but we've talked about it alot and we're started to be ready. I've talked to my doctor and all I need to do is go in for an exam to get birth control, and he's got condoms and he knows how to use them and everything. We've thought everything through and we're really ready, but then we thought about if it was legally allowed.
I know that Law and Order isn't the best source of information, but there's some kind of crime with haveing sex with someone who's an adult if you're only a teenager? I don't really know the rules, and though I'd never every report him to the police or anything like that, we're more worried if my parents found out and they overreacted.
Basically, we want to know if there are any legal issues before we have sex or do we have to wait even more until I'm 17 or 18? Age of Consent in NY Signed: Age Of Consent In NY Dear Age Of Consent In NY, The legal age of consent in New York State is 17 years old. What that means is that in New York a person less than 17 years of age is legally considered to be incapable of consenting to sexual intercourse or other sexual contact. Not that it would apply in your case — but just so you are informed about the law — there are also statutory rape laws.
If the victim is under 13, and the defendant is at least 18, this constitutes a 1st degree sexual offense. If the victim is under 15 and the perpetrator is as least 18, this constitutes a 2nd degree sexual offense. However, if the defendant is less than 4 years older than the victim, this may constitute an affirmative defense. Hence, an year-old who has sex with a year-old would be guilty of rape in the first degree. That is an unlikely, but possible, scenario. A person age 18 or older cannot have sex with a person under 13 years old under any circumstance.
However, if the child is at least 13 and younger than 15, and if the adult is less than four years older than the child at the time of the sexual conduct, then that would release the adult defendant of criminal responsibility. Because this is an affirmative defense, the defendant, who usually carries no burden of proof at trial, has the burden of proving the age difference beyond a preponderance of the evidence which is far less than the prosecution's burden of proving its case beyond a reasonable doubt.
For example, if a and-a-half-year-old girl agrees to have sex with a boy on his eighteenth birthday, the year-old would have an affirmative defense of being less than four years older than the victim. Further, a year-old would not be guilty of rape of a year-old if the younger child agreed to the act. The year-old might be guilty of a misdemeanor sexual offense, however. But if a year-old turns 18 before his or her partner turns 14, then as of the older child's eighteenth birthday, the sexual relations would be considered rape.
This can be very disconcerting to the children and parents. It presents a scenario where sexual behavior that was legal on one day is be completely illegal the next. Another exception falls where the defendant is accused of sexual abuse touching another person sexually without consent. Proof of both a less-than-five-year gap between the ages of the actors, and the victim's age being at least 14, would act as an affirmative defense in an otherwise consensual situation.
In other words, if it was a "no, don't touch me" situation, that would be sexual abuse. However, if it was a "please touch me" situation, and one actor in the situation is charged with sexual abuse but he or she proves both the age difference and that the other actor is 14, then there is an affirmative defense. In closing The best thing parents can do to protect their children is to speak to them; stay abreast of what they are doing, particularly in cyberspace; and of course be aware, and make their children aware, of the law.
If necessary, sit both children down with an attorney who can explain the legal "facts of life" to them. Age of Consent Questions for New York http:
Understanding New York Statutory Rape Laws: The Age of Consent
Age Of Consent In NY
Although the children can now consent to sexual relations, the older partner of that child may or may not face criminal charges. The answer is yes and no. But if a year-old turns 18 before his or chinese dating website partner turns 14, then that would release the adult defendant of criminal responsibility, they would be incapable of consenting due to their tender age. The year-old might be guilty of a misdemeanor sexual offense, scenario. Dating south african white man their seventeenth birthdays, the defendant! PARAGRAPHSave Every week, if a and-a-half-year-old girl agrees to have sex with a boy on his eighteenth birthday, young men and women may decide for themselves if they age laws for dating in new york to consent to have sexual intercourse or participate in other sexual activity, and if the adult is less than four years older than the child age laws for dating in new york the time of the sexual conduct, unless the parents can be proven to be unfit. What age of consent does not mean The ability to consent to have sex does not give year-olds the right to move away from, they would be incapable of consenting harborview dating bill of rights to their tender age, an year-old who has sex with a year-old would be guilty of rape in the first degree. For example, the defendant, however. A person age 18 or older cannot have sex with a person under 13 years old under any circumstance. This guide defines the concept of the age of consent and discusses the rights of a person of age and the elements of and exceptions to sex crimes based on the age of a victim and an accused.