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Old Aug 20th, 2008, 12:21 PM     #1
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Confused What Should I Do?

I just turned 18 while my girlfriend just turned 15, her parents like me and
don't worry about us dating, in fact her mom was quite, in her words,
pissed when the school resource officer called and said they were going to
try and charge me, we have not had sex, but she was not "physically" a virgin
when we met. Can they really do anything to stop us from dating if her
mother and father approve?
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Old Sep 12th, 2008, 11:41 PM     #2
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Default Re: What Should I Do?

Anybody can petition the court to file charges for statutory rape. SR's a ***** charge too because of it's absolute bright-line standard... however the law varies drastically between states; some have a 3 year grace, or other odd age allowances in place to protect former students from being forced to terminate based on age. By far the most common, however, is the statute that a person under the age of consent absolutely can not consent under any circumstances (regardless of the age of their consort, or any other factors). It's not unheard of for two 16 year olds to both get charged for statutory offenses, even when both consented.

The courts recognize that lack of a hymen isn't evidence of sexual intercourse. This, simply, isn't evidence against you at all.

If charges are brought, which they probably won't be unless your school official has some evidence of sexual activity, I'm not sure how you would defend against them, however. You would need legal counsel at that point. If there's no substantial reason to suspect you (ie. nobody caught you getting a blow job on the back of the bus; you don't have naked pictures of her on your phone; or whatever), the complaint will probably be ignored by the district attorney.
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