Legal Question in Criminal Law in Ohio
Statutory rape
My question is this, If a 16 year old girl gets pregnant buy a guy who is 19, but it is okay with the parents, can the guy still go to jail for statutory rape? What exaclty are the laws for that?
2 Answers from Attorneys
Re: Statutory rape
In Ohio, statutory rape is only when she is less than 13 years old.
When the she is 13 or older, but less than 16, the crime is called Unlawful Sexual Conduct with a Minor.
If she was 16 when the sex occurred it is not a crime in Ohio.
Respectfully,
Daniel K. Dismuke, Attorney at Law
Re: Statutory rape
No person can consent to sex on behalf of another person. Thus, no parent can consent to their child (at any age) having sex. Sex can only be consented to by the person having it. Thus, the parents being "okay" with it is irrelevant.
Statutory rape, by definition, is rape regardless of consent. Thus, even if the girl consented to the sex, if she was within the age required by law for statutory rape, the sex itself is rape, regardless of whether everyone was "okay" with it.
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