I'm 16 years old and my boyfriend en 22. Both of my parents give us consent to date. However, a social worker reported us to ACS. ACS is coming to my house and stuffs but I just want to know what can they do to him? Can he ge arrested or something?
Contracts / Agreements Lawyer
Yes. The age of consent is 17 in New York. As far as your age difference, dating is okay, but sexual relations are not. Tread carefully.
Age of consent in NY is 17! one can not consent to sexual relations if under 16. Neither parents nor participants can consent. If they investigate and they find something, then there will be a referral to the police.
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Criminal Defense Attorney
Dating is okay but the legal age for consent to sex is 17 and parents cannot consent on behalf of a person less than 17.
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I agree with the other posters - if you admit to having has sex with him, then he can be arrested for statutory rape. Thus, you have a right to remain silent and to have an attorney present with you during any questionning - and the same goes if either ACS and/or the police go to question your boyfriend. Thus, you can refuse to answer any questions until you have an attorney present. If you chose this route, you and/or your parents should schedule a follow-up consultation with a Bronx criminal/family law attorney.
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Criminal Defense Attorney
Keep in mind that "sexual conduct" encompasses far more than just intercourse, and he would not necessarily be legally safe by inapplicability of the charge of statutory rape, as other charges could apply because of the age difference stated.
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