In mississippi what is the consent law? a teen at 16 can willingly have sex with any age. or hw does this wrk.

Asked about 2 years ago - Hattiesburg, MS

she is 16 he is 34. she wants to have sex. is it against the law in missisippi.

Attorney answers (1)

  1. Dustin N Thomas

    Pro

    Contributor Level 9

    Answered . There are two statutes to look at:

    § 97-3-95. Sexual battery


    (1) A person is guilty of sexual battery if he or she engages in sexual penetration with:

    (a) Another person without his or her consent;

    (b) A mentally defective, mentally incapacitated or physically helpless person;

    (c) A child at least fourteen (14) but under sixteen (16) years of age, if the person is thirty-six (36) or more months older than the child; or

    (d) A child under the age of fourteen (14) years of age, if the person is twenty-four (24) or more months older than the child.

    (2) A person is guilty of sexual battery if he or she engages in sexual penetration with a child under the age of eighteen (18) years if the person is in a position of trust or authority over the child including without limitation the child's teacher, counselor, physician, psychiatrist, psychologist, minister, priest, physical therapist, chiropractor, legal guardian, parent, stepparent, aunt, uncle, scout leader or coach.

    § 97-3-65. Statutory rape; enhanced penalty for forcible sexual intercourse or statutory rape by administering certain substances
    (1) The crime of statutory rape is committed when:

    (a) Any person seventeen (17) years of age or older has sexual intercourse with a child who:

    (i) Is at least fourteen (14) but under sixteen (16) years of age;

    (ii) Is thirty-six (36) or more months younger than the person; and

    (iii) Is not the person's spouse; or

    (b) A person of any age has sexual intercourse with a child who:

    (i) Is under the age of fourteen (14) years;

    (ii) Is twenty-four (24) or more months younger than the person; and

    (iii) Is not the person's spouse.

    (2) Neither the victim's consent nor the victim's lack of chastity is a defense to a charge of statutory rape.

    So, basically unless the 34 year old is in a position of authority over the child including without limitation the child's teacher, counselor, physician, psychiatrist, psychologist, minister, priest, physical therapist, chiropractor, legal guardian, parent, stepparent, aunt, uncle, scout leader or coach.

    Then there is little that can be done, perhaps you could seek help from your Youth Court and claim she is a child in need of supervision.

    Providing this response does not create an attorney client relationship. You should seek an attorney in your local... more

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