Legal Question in Criminal Law in Pennsylvania
Confidentiality?
Two members of my church youth ministry confided in me on Saturday that they are having sex. He is 19, she is 16. They assure me both sets of parents are aware. The ministry has been set up so that teenagers will feel safe to confide in an adult and I appreciate the honesty. I counseled them together, and counseled abstinence and prudence. I counseled him alone yesterday and told him it was his responsibilty to stop having this relationship,due to the age difference. What are the legal ramifications of my knowledge of this relationship and not reporting it to her parents or the authorities? What if the relationship ends and her parents decide after-the-fact to come after this guy, and she then tells them, that I have been aware of the relationship? This is a tight community and the ramifications can be huge if this is not handled correctly.
2 Answers from Attorneys
Re: Confidentiality?
corruption of a minor, a misdemeanor of the 2d degree. 2 years and 5000 fine.
TV
Re: Confidentiality?
Well, first of all, it's not statutory rape for them to be having sex. In Pennsylvania, there is a 4-year rule that starts at age 14. In other words, an 18 year old can legally have sex with a 14 year old.
The other attorney who answered is also correct in my view. While statutory rape could not be prosecuted, it is POSSIBLE that a prosecutor would prosecute a corruption of a minor charge. Depending on where you are in the state, this could be unlikely or more possible than not.
It's not a slam dunk question either way, but the most it would be is corruption of a minor, which, in my view, is unlikely to be prosecuted. I don't think that it is likely that you would be prosecuted for this unless you facilitate their sexual meetings.