Is it legal for the two to date if they do not engage in sexual intercourse? Could they go to movies, the park, or restaurants? Are they allowed to hold hands? Also, what will happen if the daughters parents make up a lie to the police about them having sex? How do they prove that they didn't?
The non-sexual conduct is not criminal. Going to the movies, parks, any public places and restaurants, holding hands are the example of non-sexual interaction and should not be a concern.
If the minor's parents make up a lie that the above people had sex and both minor and the 25 year old young man would testify that it is a fabrication, the parents may be charged with making a false police report, which is a crime in most jurisdictions.
The charge must be proven by the prosecution beyond the reasonable doubt and has to meet all statutory elements for that offense.
If the young man is charged with any criminal offense, he must not issue any explanations or make any statements and must request to speak to an attorney.
DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional information, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and materials provided above are general in nature, and may not apply to specific factual and legal circumstances related to oneâ€™s personal legal issues. Contact an experienced criminal defense lawyer admitted to practice in your State under an attorney-client privilege to further receive a competent legal advice before making any important decisions about your particular legal issue. For further inquiries please contact: Attorney Alexander Ivakhnenko 1021 West Adams, 102, Chicago, Illinois 60607 773-562-8602 http://alexanderivakhnenko.com
3 lawyers agree
Criminal Defense Attorney
Be careful. Be very careful.
There are many ways that a situation like this can lead to trouble. You say the couple are not engaging in sexual intercourse. You need to realize that there are many forms of "sexual contact" which can result in a criminal charge, under Oregon law. The term "sexual contact" is defined very broadly, and includes any touching of the sexual or other intimate parts of a person's body, which is done for the purpose of sexual arousal or sexual gratification.
Only a private consultation with a criminal defense attorney can get you sufficient answers to your questions. You absolutely should NOT post information about the situation online, as your post can be read by the police, the prosecutors, and the judge.
This type of situation frequently results in criminal charges as a result by a report to law enforcement on the part of family members, school staff, or others. We defend clients on charges arising from relationships with under-age individuals all the time. If you are interested in a free and confidential consultation, feel free to contact our office.
2 lawyers agree
Criminal Defense Attorney
It should be apparent that the 25 year old is putting himself in situation where he would be at risk for being charged as a sex offender. It should also be apparent, and should not need saying, that the 25 year-old is not "dating" the 16 year-old but SEXUALLY PREYING ON A MINOR.
Others have correctly pointed out that any type of sexual contact in such a scenario would be a crime. To be clear - that includes kissing or light fondling. If the girl's parents were to lie about sex occurring, there is a realistic possibility that a detective would believe the parents and disbelieve the girl's denial. It is commonly known that many victims of such sex crimes will initially deny the sexual contact having occurred, and then later admit to it. I expect that any detective would work diligently to find some way to arrest the 25 year-old and have him charged with a crime that requires lifetime registration as a sex offender.
(FYI, the vast majority of people believe that any 25 year-old dumb enough to try and have any type of relationship with 16 year-old girl deserves exactly what he has coming to him. Almost any jury would jump at the chance to convict. It takes an exceptional lawyer with a huge amount of patience, Purell, and money in trust to deal with helping such defendants.)
If you are the 25 year old, here is my advice: First, STOP ALL CONTACT. DO NOT "DATE" MINORS OR ANYONE FOR THAT MATTER. Second, do not talk to anyone about this, ever. Third, realize that you are ridiculous for putting yourself into this situation. Take the time to think about your defense attorney trying to sell the premise that this was a "non-sexual" relationship. Imagine explaining to your defense attorney what you have in common with the 16 year-old girl. What will you say? It was a relationship built on a mutual appreciation of Twilight? Justin Bieber? A lack of any damned sense whatsoever? How are those theories going to over with jurors with daughters? Fourth, take a good long look in the mirror and ask yourself what's wrong with you. Figure it out and fix it so that the state doesn't have to do it for you. Finally, leave town, move out of state, don't come back to Oregon and don't have contact with anyone who lives here. Get out and move on.
This post is offered as general information and is not intended as legal advice. This information does not in of itself create any attorney-client relationship.
1 lawyer agrees