Legal Question in Disability Law in Pennsylvania
Age of Consent
My daughter will be 16 on 10/3/06 and wants to date a 20 year old man. Are they allowed to date? It is not a sexual relationship but she would like to be able to go to the movies and have him come to my house but her father said that he will press charges. Can he do that? Can they date when she is 16?
3 Answers from Attorneys
Re: Age of Consent
You asked if there is any legal prohibition on a 20 year old male dating a 15 or 16 year old female.
No. There are no proscriptions on ages at which persons may date. None whatsoever.
There does arise an issue when any manner of intimate contact is proposed. Any person over the age of 16 may engage in consensual intimate contact with a person of a person age 16 or greater. Though, there are many grey areas regarding intimate contact between and among persons of age 18 or less. In Pennsylvania a person is an adult at the age of 18. A person of the ages between 16 and 18 may consent to most forms of intimate contact but some forms will be illegal simply because of implied status. Yes, these would be statutory crimes but not of the same type that your husband envisions. These would involve a number of situations that may or may not appear in your circumstance and which I won't discuss here.
I have been asked this question before and I try to counsel that persons over the age of 18 should refrain from intimate contact with persons under the age of 18, unless the understanding is crystal clear and all parties are well informed and agreeable.
That said, as long as the parties are only dating they may do so. But then you can write an advice columnist about the propriety of a 20 year old dating a 15 year old. Five years is a mighty long time at that age, where it seems to present less of an issue as we age.
Regards,
Roger Traversa
EMail: [email protected]
Phone 215.279.8940
Re: Age of Consent
I'm not going to write you a tome or lecture you, but rather answer your question.
Anyone may "date" anyone, regardless of age. There is absolutely no restriction legally on that at all.
The question comes in with regard to sexual contact. It is NOT statutory sexual assault for a person to have sexual relations with a person 16 or older. (The rule is 14+4, 15+4, and 16-any age.)
However, a person over the age of 18 may be charged with corruption of minors (a misdemeanor) for engaging in sexual contact with a person under 18. Of course, absent medical evidence, a person with ACTUAL knowledge of what happened would have to testify--either your daughter or a witness to some sexual contact--in order to convict the (in this case) man of the charge.
If I was advising the 20 year old, I would tell him to not have sex with the 16 year old, just because when the relationship goes sour, it is totally unpredictable what might happen.
If you have any further questions about this, please don't hesitate to email me.
Re: Age of Consent
By the way, I have no idea why this is in the Disability Discrimination Law (ADA) category. This should be in the Criminal Law category.