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Virginia Statutory Rape Laws... over 18 and unknowingly w a minor

Portsmouth, VA |

I am 23 & have been intimate w a 19 year old girl. Weve been together 5 months. Yesterday she tells me she is actually 17!!!! What do I do? I def have feelings for this girl and im still trying to wrap my mind around the fact that she is 17. EVERYONE she knows (fam included) has seemed to go along w the 19 thing and she is in college (graduated early). I mean howd i miss that!

I feel so violated. Can I be charged if I didnt know under VA law??? Again I doubt this would happen as her mother is aware. If i continue to be with her with her parents consent is that illegal??

My whole world has been rocked and im trying to cope. never been with a girl EVER before.. kinda regretting it.

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Attorney answers 1

Posted

In VA the legal age of consent is 18; therefore you are in violation of the law. It is not a question of whether her parents consent but whether she has the capacity to do so and legally speaking she does not. You must break off the relationship or be in continued danger of facing serious criminal charges. BTW, in many states age differential may make for a more serious crime. In your case it is 5 years so you have that to be concerned about as well. See a VA lawyer.

Asker

Posted

John Kaman is somewhat incorrect; the law is contradictory in Virginia. Since you had no reasonable way of knowing her age, you lacked the mental capacity for consent, which means you're in the clear under section 18.2 of Virginia Penal Code. You can be charged because this may be ignored, but the courts at a high enough level will probably rule in your favor because 18.2-371 criminalized consensual sex, which you did not have. You did not consent to the sexual act because knowledge of the partner's legal status is necessary for consent.