Legal Question in Criminal Law in Ohio

if at 21 years old i have sex with a 17 year old will i be charged with statutory rape and go to jail as a registered sex offender?


Asked on 8/20/12, 7:30 pm

1 Answer from Attorneys

Eric Willison Eric Eastman Willison

In Ohio, the age of consent is 16 years unless the 16 year old (or older) has some sort of mental disability. Further, if you are in a relationship of trust with the person (such as a teacher or if you have custody of the person or are otherwise in what is known as an in loco parentis (in the place of parents) relationship with the person, then it could be statutory rape.

But if this is just a normal relationship and the younger person is 16 or older, then there is not statutory rape liability. But be careful. It is no defense to a statutory rape charge to tell the judge that the person lied about his/her age. Even if that person showed you a driver's license that looked real, if the person is under 16, you are guilty.

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Answered on 8/22/12, 2:21 pm


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