Legal Question in Criminal Law in Virginia

Re: Same Sex Relationship, Vengeful Mother

Well, I am not sure what you mean by "nothing illegal" because that is the question to be answered.

At 16 years old, your girlfriend can legally consent to sexual activity. So that is not a problem, particularly because you are only 1 year older.

However, a separate law deals with contributing to the delinquency of a minor.

Ironically, you would be in danger of violating this statute only AFTER you turn 18 in April. You cannot violate that law if you are under 18, but you can once you turn 18. Until she also turns 18, you could be charged with the less-serious but still criminal offense of contributing to the delinquency of a minor.

If an 18 year old has "sexual intercourse" with a child 15 - 17, it is a misdemeanor (instead of a felony).

This may provide the basis for a restraining order to the extent ther is a posisble crime involed.

However, I am nto sure what "sexual intercourse" might be taken to mean in the context of a homosexual relationship. But it may be in the eye of the beholder, a judge.

� 18.2-371. Causing or encouraging acts rendering children delinquent, abused, etc.; penalty; abandoned infant.

Any person 18 years of age or older, including the parent of any child, who (i) willfully contributes to, encourages, or causes any act, omission, or condition which renders a child delinquent, in need of services, in need of supervision, or abused or neglected as defined in � 16.1-228, or (ii) engages in consensual sexual intercourse with a child 15 or older not his spouse, child, or grandchild, shall be guilty of a Class 1 misdemeanor. This section shall not be construed as repealing, modifying, or in any way affecting �� 18.2-18, 18.2-19, 18.2-61, 18.2-63, and 18.2-347.