Can the Parents of a Minor Charge a Boyfriend for Having Sex?

Question by Caitlyn: Can the parents of a minor charge a boyfriend for having sex?
I live in the state of Maryland where the age of consent is 16, I have reached the age of 16 and want to have sex with my boyfriend. Can my parents charge him with rape if I consent to having sex with him? He’s 21… but he’s a friend’s older brother. Can they press charges of rape? Or any other charges?

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Answer by andy
W0W! Your bf is lucky!!!

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7 Responses to Can the Parents of a Minor Charge a Boyfriend for Having Sex?

  • davidmi711 says:

    Rape? No. However they can get a restraining order and have him charged if he violates that.

  • Joe says:

    Although the age of consent might be 16, it is PERCEIVED as 18 everywhere, and if you say 16 most people won’t know what you’re talking about and they could make up the rules as they go. In general, the laws are very biased against men and boys, backed up by Feminist Jurisprudence.

    In any event, don’t get into the “sex before marriage is okay” liberal mentality, and save your purity.

  • geezer says:

    If the age of consent is 16
    .. and you’re 16
    .. and you ‘consent’
    .. then NO they can’t.

  • Salina says:

    Doesn’t matter if he’s your brothers friend or not. If you have sex it’s against the law. 18 is when you’re legally able to have sex. If you have sex with him it IS statutory rape. He will get in trouble for having sex with you. If your parents tell you you can have sex with him they can’t charge him. They have to give you permission every single time. If you do it with out telling them they can charge with statutory rape.

    ALSO Read this- Maryland
    The age of consent in Maryland is 16.
    If a victim is 14 or 15 and the offender at least 4 years older than the victim, that constitutes a sexual offense in the fourth degree.[65] If the offender is at least 21 years old, and they engage in vaginal intercourse or other sexual acts (including oral and anal sex), that constitutes a sexual offense in the third degree.[66]
    If a victim is under 14 and the offender at least 4 years older, and they engage in a sex act (which includes oral and other sex acts, but not vaginal intercourse), that constitutes a sexual offense in the second degree.[67] If they engage in vaginal intercourse, that constitutes rape in the second degree.[68]
    Note 1: An exception to the age of consent is that if a person in a “position of authority” (full-time, permanent employee) engages in any sexual contact with a minor (under age 18) or victim specified above, that constitutes a sexual offense in the fourth degree as specified by Maryland Code, Criminal Law §3-308.[65]
    Note 2: An additional violation is the crime of “Sexual solicitation of minor.” §3-324.[69] Under this statute, it is illegal to solicit a minor under 18 (or a law enforcement officer posing as a minor) through various communication methods to commit a rape or sexual offense in the second degree,[67][68] sexual offense in the third degree,[66] or prostitution. In the latter case, the minor can be 16 or 17 (over the age of consent) but the offender would still be in violation of this statute.
    Note 3: In Maryland, sexual offense and rape (1st and 2nd degree) carry the same penalty. The distinction is that rape involves vaginal intercourse.

  • Michael H says:

    The age of consent in Maryland is 16, if you are 16 and you have consensual sex, there are no criminal charges to worry about.

    That said, because you are a minor, your parents can in fact, get a protective order against him on your behalf and there is nothing you can do about it. If he violates the protective order, then he can go to jail. If you BOTH defy the protective order, both of you can face criminal action.

  • David S says:

    The age of consent it Maryland is 16, and there is no age gap provision, so you may have sex with him without fear of his being charged with any form of rape.

    It is true, however, that as a minor, your parents could be proactive and seek a restraining/no contact order against him to prevent the two of you being together. If he violated such an order, he would be subject to arrest.

    You would be wise to see boys your own age instead of grown men. Trust me when I say that all he really wants is to have sex with you, regardless of what he says or how you feel about him.

  • Philmore says:

    When a person reaches the so-called “age of consent” for a state, they are free to have consenting sexual relations with anyone who is also over that same age. In Maryland, that age is 16 because there is no crime on the books for people 16 and up having sex consensually. The only way it would be a crime is if it was forced, coerced, or done under the influence of drugs or alcohol, the same rape laws that apply to adults.

    Parental opinion, contrary to widely held misconception, is completely and utterly irrelevant in regards to rape laws. Parents frequently lie to their children about these law because they want to look out for your best interests and do not want you to be exploited by older men in unfair relationships. But lying to children about the law is stupid, because sooner or later the kid will know the truth and then will question the truth of the parent’s other teachings.

    I would also like to point out that contrary to what many of these other answers say, parents CANNOT get a restraining order against their minor child’s boyfriend just because they don’t like him. Crack a law book or look at a form once in a while people! “Peace Orders” as they are called in Maryland, are only granted for provable harassment or abuse. There is no checkbox on the filing form for “I don’t like him dating my daughter.” The administrative judge would laugh in their face and tell them their daughter’s choice in men is THEIR problem, not the state’s. Parents can ground the daughter or prevent her from going and seeing the guy, and can ban the guy from coming on their property under trespassing law, but that’s it.

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