by Drew Wood on February 26th, 2005

Drew Wood

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I'm 16 and my girlfriend is 21, can she be charged with rape if we have sex?

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Answers. 3 helpful answers below.

  • by Sandman on September 2nd, 2008

    Sandman

    OH YES she can, depending on the State. In some States the age of consent is 14. In most it's 16. In a few it's 18. You'd better find out what it is in your State.
    But in almost all 50 States, an age difference of 3 years or more makes it illegal if either partner is a minor.
    Sexual violations are crimes, not civil wrongs, so she would be charged with rape, not sued.

    But there's something else definitely wrong here, aside from the ridiculous notion that a female can actually "rape" a male. Any grown woman who wants to have sex with a child is seriously disturbed, and needs emergency psychotherapy.

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  • by Jerrykim on November 2nd, 2008

    Jerrykim

    It's a sad law, but the law. She will be charged with statutory rape if caught.

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  • by Anon on June 16th, 2005

    Anon

    If the age of consent in your state is 16 or less, probably not, but you are a minor so other laws could be used to prosecute her in other ways.

    If the age of consent in your state is 17 or more, definitely. Don't risk it since she could not only be sued and go to jail, she could also be labeled a sex offender for the rest of her life.

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