I'm not sure where this would go, but I know that this forum is most frequented.My girlfriend and I recently became "sexually active." We've been going out for nearly a year and we're both very communicative about our feelings. Being the male, I can assure you that I love sex. So you know I'm not pressuring her, I'll tell you that it was her idea to start and she's usually the one to initiate everything. I've looked everywhere, and I still cannot find answers to these two questions:Since we are both seventeen, is it legal for us to have sex? In September, she will be eighteen. I won't be eighteen until May. In that eight month gap, will it be illegal for us to have sex?Oh, yes we do use protection. I've seen enough Lifetime movies to know better.
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Legal Issues
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I just know that if my mom ever found out that we were having sex, she would do anything she could to make us suffer. If that means pressing charges during that eight month period, she'd do it. I don't think any court in the country would charge a FEMALE for "raping" a MALE while being less than a year apart in age, but I'd like to know for sure.Thanks.
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Should the extreme situation ever arise, I'll tell my mom about that. I was planning on moving in with this girl if we were still together when I graduated anyways. She's got a place right now whose landlord is willing to take me and keep us paying the same rent. And I can afford to pay the rent on my own right now! I'm just waiting to graduate before I do anything stupid.
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Assuming your location thing means your in South Dakota here is what a quick google search found for the law there.
_22-22-7. Sexual contact with child under sixteen--Felony or misdemeanor. Any person, sixteen years of age or older, who knowingly engages in sexual contact with another person, other than that person's spouse if the other person is under the age of sixteen years is guilty of a Class 3 felony. If the actor is less than three years older than the other person, the actor is guilty of a Class 1 misdemeanor. If an adult has a previous conviction for a felony violation of this section, any subsequent felony conviction for a violation under this section, is a Class 2 felony. Notwithstanding § 23A-42-2, a charge brought pursuant to this section may be commenced at any time before the victim becomes age twenty-five or within seven years of the commission of the crime, whichever is longer.
Last Updated_ [the page this info is found on] Tuesday, September 11 2007
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Ahh, thanks.
261.5. (a) Unlawful sexual intercourse is an act of sexual intercourse accomplished with a person who is not the spouse of the perpetrator, if the person is a minor. For the purposes of this section, a "minor" is a person under the age of 18 years and an "adult" is a person who is at least 18 years of age.
(b) Any person who engages in an act of unlawful sexual intercourse with a minor who is not more than three years older or three years younger than the perpetrator, is guilty of a misdemeanor [Emphasis Added] -
Yeah, that's San Diego. I see now how that's misleading.Oops, I misread that. So it is illegal. Oh well.
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Provided it is not publicly brought to the attention of the authorities in such a way as to dare them to act, it is unlikely you would be prosecuted; otherwise half the population at your age would be. Of course there is always the possibility of some cop deciding to become a moral crusader, but that is much more likely to happen in a little town than a big city.It can be trickier when she is 18 and you are 17. The $2000 penalty then also applies, and moral crusaders are more likely to get steamed up (though not nearly as much as if you were 18 and she 17). I imagine prosecution would still be unlikely, though.In the US the laws are different in every state, so people in other states would have to check their own laws.