My friends sixteen year old daughter is having sex with her 18 year old boyfriend. He turned 18 two months ago and she just turned 16. They've been dating for 2 years. Is it illegal for them to have sex and can her mother legally press statutory rape charges onto her boyfriend?
The age of consent in Maryland is 16. As her parent, she makes the rules. If the 16 year old goes against mom's wishes to be with the adult boyfriend, he could possibly be charged with contributing to the delinquency of a minor. She cannot press charges, only the State's attorney can file charges. Also, make sure that there are no pictures. Sexually explicit photos of the 16 year old are child pornography.
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So long as the 18 year old is not “in a position of authority” (eg, school counselor, babysitter, etc.) then there is no crime if the sex is consensual. Children within 4 years of age of each other cannot be charged criminally of a sex offense if the sex was mutually consented to. Further, 16 is the age of consent for engaging in sex with persons even older than 4 years—so long as the older person is not in a position of authority (coach, teacher, patient-doctor, etc.).
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