Legal Question in Criminal Law in Ohio

Statutory Rape

Ok, the Ohio Statutory Rape law basically states that if someone over the age of 18 has sex with a person UNDER the age of 16, they are guilty of statutory rape. Now... I am 22 and my girlfriend is 16, about to be 17, so this law does not apply here. My stepdad will not allow her over the house because if she were to say that I raped her, he says her parents can come after him and my mom for damages. He says that it has to do with the fact that she is a minor - but since she is 16 or older, the only law that it would fall under would be the normal rape law, correct? So does he have any basis to his argument that it would be ok (in terms of him not losing money or property) for her to be here if she was 18 and cried rape??

Thanks!


Asked on 10/10/00, 11:49 pm

1 Answer from Attorneys
Brian Halloran Brooking and Halloran, PLLC

Re: Statutory Rape

Remember two words....."Custodial Interference". While it is true that under the circumstances you stated, that it appears unlikely you can be prosecuted for statutory rape, you can be hit for custodial interference and your step dad is right to be wary of liability. My advice is not to date 16 year old girls.

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Answered on 11/17/00, 3:24 pm


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