You're How Old?!?

[Publishers Note:   We'd like to remind readers that the Sex Disasters column is taken from the book of the same name, that advice on the internet is no substitute for a real lawyer and that CarnalNation does not endorse or condone in any way the idea of sex with a partner below the legal age of consent. If in doubt don't do it.]

Well, she said she was eighteen...

Uh-oh. This is not such a good situation.

We did the same thing you might wind up doing: we called a lawyer, Robyn Friedmann of Seattle, our favorite kinky criminal defense attorney. She tells us that the first principle here is an ancient and arcane one: don't be a moron. Your one chance of beating a statutory rape rap in most states is if you can prove that you had good reason to believe that your little friend was over 18. Being served drinks in a bar is not adequate proof—bartenders can be fooled, too. If he or she doesn't look well over the age of consent, ask to see an ID.

By the way, 18 is the age of consent in many states, but not all. In some, there are different ages of consent depending on how old the other party is. In others, the age of consent is different for same-sex sex than for opposite-sex sex. If you don't know what the age of consent is in your state, find out.

Robyn invokes another ancient and well-known legal principle: no harm, no foul. If nobody reports that you've been fooling around with a teenager (not the teenager himself or herself, not hte parents, not the best friend, nobody), then you're safe... though you might want to check out the statue of limitations in your state.

Beyond that, how much trouble you're in depends a lot on what you've been up to. If your partner is under 14, you're pretty much screwed, and we suggest calling a good lawyer right away. If s/he's over 16, you're in much better shape, particularly if you're not too much over 18 yourself. Your troubles may also vary depending on what you've been up to—penetrative sex is likely to more of a problem than, say, french kissing or fondling. But regardless of age or activity, if things have gotten to the point that a police report has been made or threatened, you need an attorney.

In general, though, we think sex with minors is a Bad Idea. Don't do it.

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Strange regulations and customs...

hm... as a german i sometimes can't understand the american mind. We have an equal law towards "age of consent", but it is as low as 14. If you can go to school, handle money, posses a pc, a handy, a television and rebell against your parents and on top of that be in the hight of puperty you have the right to have sex and of course to chose with whom.

Since you are a minor your parents can prohibit you from doing so and can file a "cease an dessist" order against the partner if he is over 18 but you can't procecute someone for having consensual sex with you. Even if certain legal Actions are considered against you most of such cases never reach court (as would neither 90% of the redicules issues the american court-system seems to occupy itsself with)

p.s. excuse my spelling

p.s. excuse my spelling mistakes. My english has become a bit rusty.

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Charles Moser and Janet Hardy
August 14th, 2009
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Charles Moser, Ph.D., M.D., received his doctorate from the Institute for Advanced Study in Human Sexuality, where he is now a Professor of Sexology and Dean of Professional Studies. He went on to earn his medical degree from Hahnemann University School of Medicine in Philadelphia in 1991. He is board certified in internal medicine, and he is also a board-certified sexologist. He maintains a private internal medicine practice in San Francisco, with a focus on sexual concerns and the medical problems of sexual minorities.

Janet W. Hardy (aka Catherine A. Liszt and Lady Green) is a writer, perv, girlfag, pain slut, and educator. The author or co-author of ten books about alternative sexuality, she has spoken at hundreds of conferences and workshops around the world.

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