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My husband has a 15 year old (May 2014)daughter. Her mother is allowing her to date an 18 year old. What is the law?

Sorrento, FL |

We just want to know if we can address this issue or not, and if there are legal restrictions? If there are, what are they and how can we address them? We need as specific an answer as possible. Does a parent have any rights concerning this issue? Thank you for your time and consideration.

Attorney Answers 3

  1. Just dating? It is highly illegal for anyone to have sex with a 15 year old. It is called sexual battery, and it does not matter that the 15 year old consents. The 18 year old can be branded for life as a sexual offender. He should tell the daughter that she is not allowed to date the 18 year old, and the mother should know this.

    R. Jason de Groot, Esq. We do not have an attorney-client relationship. I am not your lawyer. The statements I make do not constitute legal advice. Any statements made by me are based upon the limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in Florida.

  2. I agree with Attorney De Groot, it is criminal for an 18 year old to have sexual intercourse with a 15 year old. If I were your husband I would make it known to his daughter, her mother and the 18 year old that if they remain together he will prosecute the 18 year old to the full extent of the law. I would leave out the sexual intercourse part in the conversation assuming they will figure they can lie as to whether or not they are having sex. From a practical standpoint, once she is 16, it's not criminal anymore, the age restriction jumps to 24. Good luck.

    The contents of this answer should be considered friendly advice, not legal advice and the answer should not be construed to constitute an attorney-client relationship.

  3. As my colleagues have stated, it is illegal to have sexual relations with these ages. However, it is NOT illegal to date. Notwithstanding what anyone knows is really happening, running off and reporting to law enforcement may not be the best and most ideal option for purposes of the family and also the potential to ruin this young man's life.

    I would recommend having a family discussion regarding this topic. Let everyone air each other's feelings out about it and see what happens from there. In the end, it may not be an issue if they are just dating.

    You should consult an attorney for advice regarding your individual situation since every case is different and not all information is relayed in an online question. The Law Office of Ophelia Bernal-Mora, P.A. is a divorce and family law firm located in Orlando, Florida. Communication through Avvo does not create an attorney-client relationship. Please do not send any confidential information to our office until such time as an attorney-client relationship has been established.

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