Legal Question in Criminal Law in Washington

Sex between a 15 year old and a 13 year old

If a 15 year old boy and a 13 year old girl are caught having sex, and the parent of the 13 year old reports it to police, is there potential for both kids to get into trouble if they are both under the legal age, or is the 13 year old considered a victim? If the 13 year old is considered the victim, what will happen to the 15 year old? What could he be charged with? Would he be arrested and then sent home or incarcerated. He has no past juvenile record nor does the 13 year old. They are both in school and get average grades. Also, if a ''No contact'' order is issued, against the 15 year old, what happens if the 13 year old constantly tries to contact him? Can he get into trouble for this? Can an order be filed against her?


Asked on 3/10/08, 4:10 pm

1 Answer from Attorneys
James J. White, attorney Law Offices of Smith & White, PLLC

Re: Sex between a 15 year old and a 13 year old

I cannot say dispositively as I've only represented adult, or charged as an adult, persons. However, to be any sort of statutory rape I believe the statutes require a 48 month age difference. If you'd like a consultation I could double check the statutes. Contact me directly for further assistance.

At your service,

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Answered on 3/10/08, 5:22 pm


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