Legal Question in Criminal Law in Ohio

Can they press charges now?

I have a friend who is in a relationship with a man 15 years older than her (she is now 18 and he is 33). They started the relationship, including sex, when she was still 17 (5 months away from her 18th birthday). Her parents found out about their connection and physical relationship and are threatening to press charges if they continue to see each other. They are very set on continuing the relationship, but need to be careful becuase of her parent's threats. Can her parents press any charges against him now that she is 18, or does she have to be the one to take legal action? If so, what and how likely is it that legal consequences would be enforced? Thank you for your time!


Asked on 11/13/05, 10:38 pm

1 Answer from Attorneys
Richard Cline Office of the Ohio Public Defender

Re: Can they press charges now?

In Ohio, 16 is the age of consent. Assuming that all of the sexual acts took place in Ohio, the man could not be charged with rape. He could, however, be charged with other offenses. At a minimum, he could be charged with contributing to the delenquency of a minor. He may also be at risk for a charge of sexual battery (I do not have my code book with me, so I cannot check).

At this point, both the man and the girl are adults. If neither one chooses to talk about what happened before the girl turned 18, it is unlikely that a prosecutor would go forward with charges. Ultimately, however, the prosecutor could go forward even without the consent of the girl.

This is complicated enough that the couple should seek the help of an experienced criminal defense attorney. At a minimum, neither one should talk about their relationship's sexual nature to anyone else.

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Answered on 11/13/05, 10:53 pm


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