We have been together for 4 months and he is 3 and 1/2 years older than me and we just want to know if we are legally allowed to be together even if my parents do not approve.
Criminal Defense Attorney
At age 15, you are legally a minor under KY law, and your parents have legal custody of you. You should talk to a lawyer in your area about the possibility of filing an emancipation of a monor pleading in state court.
I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..
Criminal Defense Attorney
Please see the below statute on Kentucky's age of consent:
(1) Whether or not specifically stated, it is an element of every offense defined in this chapter that the sexual act was committed without consent of the victim.
(2) Lack of consent results from:
(a) Forcible compulsion;
(b) Incapacity to consent; or
(c) If the offense charged is sexual abuse, any circumstances in addition to forcible compulsion or incapacity to consent in which the victim does not expressly or impliedly acquiesce in the actor’s conduct.
(3) A person is deemed incapable of consent when he or she is:
(a) LESS THAN SIXTEEN (16) YEARS OLD;
(b) Mentally retarded or suffers from a mental illness;
(c) Mentally incapacitated;
(d) Physically helpless; or
(e) Under the care or custody of a state or local agency pursuant to court order and the actor is employed by or working on behalf of the state or local agency.
(4) The provisions of subsection (3)(e) of this section shall not apply to persons who are lawfully married to each other and no court order is in effect prohibiting contact between the parties.
Ky. Rev. Stat. § 510.020 (West 2012).
Kristin M. Russell is an attorney licensed to practice law in the Commonwealth of Kentucky. Per Avvo guidelines, these answers are for informational purposes only and do not constitute legal advice. This response does not create an attorney/client relationship.
In most states if you are a child (not of age to be considered a legal adult) and your boyfriend is an "adult" it certainly could be considered "statutory rape" because a "child" cannot consent to having sex. Check with a criminal defense attorney in your locale.
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