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Can parents consent a minor to have sex with an adult?

Glens Falls, NY |

Suppose a man is 19 and his girlfriend is 16 can her parents consent for her to have sex with him?

Also suppose the man is 21 and his girlfriend is 16, thus making him more than four years older than her, can her parents give consent for her? *provided that they are both sincere and interested and not forced against their will etc.

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Attorney answers 3


No, if it is a child there is no consent by law.


Mr. Manley is correct. The whole idea behind prosecuting someone who has sex with a minor is that consent of any kind from anyone is void absent the parties being legally married. I am a CA lawyer so I can't practice in NY but the law on this matter is settled everywhere. Parents and guardians have been charged for knowingly allowing minors to have sex with adults so consider the consequences for all concerned and check what the age of consent is in NY. Good Luck. Hope this helps?



I am a former federal and State prosecutor and have been doing criminal defense work for over 17 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.

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