I just turned 22 a week ago and this 15 yr old boy wants to have sex with me and i really like him. He dont turn 16 until october. Would it be considered rape if he asks me if we could have sex? Would i be charged if i wanted to have sex with him and he wanted to have sex wit me?
Yes, rape. He is too young to consent. And, too far apart in age. Seek counseling.
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The gender of the two participants is irrelevant. The same laws apply whether the minor is male or female and whether the adult is the same or opposite sex. Sex with a minor is a very serious crime. He cannot legally consent, and even his parents' approval of the relationship is no defense. Intercourse is not the only illegal activity. Oral sex, masturbation, and even sexual conversations or text messages with minors are illegal too.
Furthermore, the reason this is illegal is not just because the legislature is made up of a bunch of killjoys. There are any number of psychological studies that show that premature sexualization of teenagers by adults causes a wide range of problems for them, including difficulty having satisfying intimate relationships when they become adults. If you "really like him," encourage him to make friends his own age.
His wants or desires are irrelevant. By law, this would not and could not not be consensual sex. In New York a person, male or female, is incapable of consenting to sex until they are 17 years of age. Yes it would be considered the crime of Statutory Rape and if found guilty you would be a convicted sex offender (and felon) and have to register as such.
I am a former Deputy Bureau Chief with the Brooklyn District Attorney's Office who has been specializing in criminal law for over 15 years. I offer free consultations by telephone, in-office or by videoconference.
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The age of consent in NY is 17 so he couldn't consent even if he wanted to. Because of your ages you could very well be charged with rape. Steer clear!!
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