If a parent gives her 16 year old daughter her consent to have sex with a man who was24-26yrs.old, can The state still press statutory rape charges on him? In the state of Idaho?
by 
Goober
ANSWERS: 4
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First off, once you daughter turned 16, the only sex crime that can be committed is Sexual Battery of a Minor. Second, YES. And in case you are wondering, if you give consent for your daughter to drive without a license or smoke crack cocaine, she can still be arrested for these offenses despite your consent. Every crime defines a prohibited act, and the crime is committed when the act is done (with the necessary intent). Sexual Battery of a minor occurs when a person over five years older than a 16 or 17 year old minor has sex with that minor. Third (although did not ask the question), you can be charged with a crime if you assisted the 24-26 year old in having sex with your daughter. You can also have your daughter removed from your custody for this.
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Oh, Hell yes. The State doesn't need anyone's cooperation to file charges. The State of Idaho can press charges if the girl was under 18. It can also press charges against the mother for aiding and abetting in the commission of a crime, for contributing to the delinquency of a minor, and probably for solicitation. And neither in Idaho nor any other State can a parent "give consent" for a daughter to have sex. All she is doing is aiding in the commission of a crime; but if the District Attorney feels vindictive, he could probably also charge you with conspiracy to commit a crime, and the 26-year-old could get up to 99 years in prison. I hope.
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yes,
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I don't think the state cares if a parent gives consent to their child to break the law. The law is the bottom line. Whatever mom says doesn't change the rules.
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