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Is a 18 year old dating a 15 year old a sex crime?

Ocoee, FL |

Two years ago I moved a young 16 year old girl into my wife and I's home because her mother was a methamphetamine addict and she had no where else to go. I later found out she was having sex with my son who was 14 at the time. My wife and I didn't agree with it but didn't want to kick her out because we felt sorry for her and would have broken our sons heart. Two years went by and and now in a few months she will be 19 and my son will be 17. She has recently decided to move out stealing a lot of things from my house and breaking my sons heart. Is it possible being when she turned 18 and my son was only 15 I could have her arrested for having sex with a minor? This girl has turned out to be trouble just like her mother and my wife and I want to make her suffer.

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Attorney answers 4

Posted

It is a crime in the State of Florida for an 18 year old to have any kind of sexual contact with a 15 year old. While understand your frustration, I would caution you from doing this as it may adversely affect the relationship that you have with your son, and honestly you did approve of the relationship at the time. Also, do you really want to put your son through a trial in which he will he to testify as a witness against this girl. I know your frustration but just think about the whole picture before reacting out of anger. Best of Luck.

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Posted

I agree with Attorney Reilly. First you consent to a 14 year old having sex, and continue to do so until he is 17 with the same person. Then you want to revoke your consent now? Not even because you are outraged that she had sex with your son when he was a minor, but because you want to make her "suffer." Parent of the year stuff here.

But let's talk about you and your wife and s. 827.03(b)(3) F.S. which defines "child abuse" as "the active encouragement of any person to commit an act that results or could reasonably be expected to result in physical or mental injury to a child" and 827(e)(1)&(2) which defines "neglect of a child" as "1. a caregiver’s failure or omission to provide a child with the care, supervision, and services necessary to maintain the child’s physical and mental health, including, but not limited to, food, nutrition, clothing, shelter, supervision, medicine, and medical services that a prudent person would consider essential for the well-being of the child; or 2. a caregiver’s failure to make a reasonable effort to protect a child from abuse, neglect, or exploitation by another person."

I would say that you allowing a person to rape your child (statutory rape is rape) probably places you in the 2nd degree or 3rd degree felony range. Maybe even a 1st degree if a prosecutor views it as aggravated.

If I were a prosecutor I would be pretty tempted to bring charges against you, your spouse, and the 17 year old. After all the statute of limitations is similar. Once you took the stand in her trial you will have to admit to the crime on the stand (if you didn't already by pressing charges and detailing the relationship and what you knew when.)

So honestly if I were you I'd let this go, and perhaps go seek counselling.

DISCLAIMER This answer is not legal advice nor does it create an attorney-client relationship between any user/reader and The Law Offices of Jimmy Allen Davis, P.L.. We encourage and welcome you to contact us about your legal problems and visit our website at www.lawofficesofjimmyallendavis.com or email me at jimmy.davis.esq@gmail.com.

Don Waggoner

Don Waggoner

Posted

Best answer. Period.

Posted

I don't think anyone comes out of this situation looking good. As the other attorneys have mentioned, you may be exposing yourself to trouble by stirring things up with the legal system. You may want to just write the theft off as a life lesson too and let it go. The legal system shouldn't be used as a tool to make anyone suffer over a broken relationship...although I'm sure we've all seen it used that way before.

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Posted

Its a free phone call to the police to find out. It was illegal for her to have sex with him at 18 and he 15; wonder if you somehow facillitated that and could be in criminal trouble too. Not sure what you get out of this at this point. Your son may possibly have until he turns 21 to go after her as well; after he turns 18 i mean.

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