Advice to give my little brother and his gf

[knightNshiningarmor]

ok so my little brother who is 17 has had sex with his gf who is 15...2 years younger but she skipped agrade so only one grade difference. they are coming up on 2 years and i know he has told me they have had sex and i have given him condoms so at least they would be safe. But here is the dilemma...how does the law see this when he turns 18 esp since he turns 18 a little before she turns 16 also while away on a family vacation to get a xmas tree my dad finds a used condom in the back of the rental and ask me to act like i found it but i told my little brother that dad knows and so first whats the law regarding this, we live in cali. My aunt is saying i should get him to talk to my dad...oh and my mom does not know because well ww2 would be a walk in the park compared to her receiving this news. And well they both waited longer then i did been in a relationship for 2 years, using condoms altho i think they should both be using bc to reduce the chances but all in all i dont have as much of a problem with it compared to my dad and aunt.

[lady00]

According to wikipedia (not sure if this is correct), the age of consent in Cali is 18 and it's a misdemeanor under certain circumstances where they are both close in age and more serious when one is over 21 and they are not so close in age.

 

But I think if both are under 18, it's a different story...like if one is 18 or older, then they become the major and then it becomes a crime.

 

I could be reading it wrong though but that is my interpretation.

 

"

California

 

The age of consent is 18, with a misdemeanor if the minor has 3 or fewer years of difference with the major. Penalties increase if the minor is under 16 and the major is above 21 or if the minor is more than 3 years younger.

Texts

 

 

• link removed - Part 1. of crimes and punishments -
  
  • Title 9. of crimes against the person involving sexual assault, and crimes against public decency and good morals
    
    • Chapter 1. Rape, abduction, carnal abuse of children, and seduction. - Section 261.5.
      
      • (a) Unlawful sexual intercourse is an act of sexual intercourse accomplished with a person who is not the spouse of the perpetrator, if the person is a minor. For the purposes of this section, a "minor" is a person under the age of 18 years and an "adult" is a person who is at least 18 years of age and older.
        
      • (b) Any person who engages in an act of unlawful sexual intercourse with a minor who is not more than three years older or three years younger than the perpetrator, is guilty of a misdemeanor.
        
      • © Any person who engages in an act of unlawful sexual intercourse with a minor who is more than three years younger than the perpetrator is guilty of either a misdemeanor or a felony, and shall be punished by imprisonment in a county jail not exceeding one year, or by imprisonment in the state prison.
        
      • (d) Any person 21 years of age or older who engages in an act of unlawful sexual intercourse with a minor who is under 16 years of age is guilty of either a misdemeanor or a felony, and shall be punished by imprisonment in a county jail not exceeding one year, or by imprisonment in the state prison for two, three, or four years."
        

       

     

   

[knightNshiningarmor]

i know right now its technically ok but what happens when he does turn 18....and how do u tell two horny teens that now that they have experienced it now they have to turn it off for 2 years?

[lady00]

i know right now its technically ok but what happens when he does turn 18....and how do u tell two horny teens that now that they have experienced it now they have to turn it off for 2 years?

 

My understanding of the law is that when he turns 18 and she is only 16 it becomes a misdemeanor.

[Snoopy24]

Do her parents know about this reltionship? If so, what is there take on it? IMO since they have been dating two years as long as her parents are okay with it, it should be fine. They can keep being sexual discreet.

[lady00]

Well, yes someone would have to want to press charges or somehow a prosecutor would have to find out about it and want to prosecute your brother.

 

I mean, I guess if her parents are fine with it, it shouldn't be a problem...but it looks like it is illegal once he turns 18.

[knightNshiningarmor]

Do her parents know about this reltionship? If so, what is there take on it? IMO since they have been dating two years as long as her parents are okay with it, it should be fine. They can keep being sexual discreet.

 

its only her dad really and he loves my brother but she is his baby girl so not sure what he would do if he found out sex was going on.

[mr_iwi]

its only her dad really and he loves my brother but she is his baby girl so not sure what he would do if he found out sex was going on.

 

They've been together for two years - what must he think is going on?

 

So long as they keep their private lives private then there won't be any need to worry. If it does go to court though, I'm sure this thread could be used as evidence...

[Sky-Cherries]

They've been together for two years - what must he think is going on?

QUOTE]

 

I didn't have sex with my boyfriend for 4 years. I waited until we were engaged, and the day I met his parents when we were 15, I told them straight up what my plan was, and that I had no intention of having sex with anyone until I had a ring on my finger and knew we were going to stay together.

 

Back on track.

Your dad needs to know if they're having sex. Not only is it against the law, but what if she gets knocked up? Guess who'll be paying for the kid....

[cyberdog]

Wow I figured most states had an age difference before charges could be pressed. In North Carolina, the age of consent is 16, but if the minor is less than 4 years younger then it's no problem, 4-6 years is a class C felony, and 6 or more years is a class B1 felony (or vice versa).

[Taomagicdragon]

They've been together for two years - what must he think is going on?

 

So long as they keep their private lives private then there won't be any need to worry. If it does go to court though, I'm sure this thread could be used as evidence...

 

Not all couples that are together for two years are having sex, just to point out.

 

As for the legality it is illegal once he turns 18 until she becomes of consenting age. A reason to hold off on sex would be if they broke up in a bad way she could use the law to his disadvantage.

[cyberdog]

As for the legality it is illegal once he turns 18 until she becomes of consenting age. A reason to hold off on sex would be if they broke up in a bad way she could use the law to his disadvantage.

 

Agreed. One of my ex-girlfriends in middle school started dating a senior when she was a freshman in high school. She had just turned 14 and he was older than 18 (not yet 19). They became sexually involved and to try and make me jealous she would go into details about it to me (didn't make me jealous but pissed me off that as a so-called friend she would try to). Anyway they eventually broke up and she tried to have charges for statutory rape against him a while later. Turns out she waited too long past the statute of limitations whatever it is so he didn't get into any trouble.

[NowandZen]

Scroll down to US and it has it by state: link removed

 

Ok, so go to the footnotes. In Queensland the age of consent for anal is 18, but vaginal is 16. * * * ? Seems to me that you would rather promote sex that can't result in a pregnancy at a younger age.

[ay0_x]

Ok, so go to the footnotes. In Queensland the age of consent for anal is 18, but vaginal is 16. * * * ? Seems to me that you would rather promote sex that can't result in a pregnancy at a younger age.

 

Anal sex is more infectious for STI's.