Is Sex With a Sixteen-Year-Old Statutory Rape

[kaaydub]

My question involves criminal law for the state of: Washington
Hi my boyfriend and I have been dating for about 8mo now, when we first started dating he was my co worker but a few months ago he got promote and is now my manager. I confess that we do have sex and i know that its illegal at least i think it is. But what are the odds of anything happening. Do you think that he would go to jail. What if we werent having sex but were only dating would that be okay? I turn 17 in may

[Dogmatique]

Well well well. That absolutely KILLS any chance of emancipation, sweetheart.

[cbg]

It's a given that if your employer finds out that he's not only sleeping with a subordinate, he's sleeping with a subordinate who's a minor, he'll be out of a job before the day is out. No, he will not qualify for unemployment.

[Taxing Matters]

I disagree with some of what has been said here. I think that the fact that some folks disapprove of this sexual relationship is getting in the way of providing objective information. For example, Jack’s wrong that the 20 year-old guy could go to jail for this. In Washington state, the age of consent is 16. Thus, so long as the sex is consensual, he's not committing a crime here. Second, the mere fact that the minor is having sex will not, by itself, result in denial of an emancipation request, particularly when that minor has reached the age of consent and thus the sexual relationship is legal. It would be one factor the court weighs among everything else in making the emancipation decision. If the couple is using birth control and practicing safe sex, I don't see where the idea that the minor is acting so irreponsible as to deny an emancipation request comes from. How does that prevent the minor from being able to care for herself independent of her parents? That is, after all, what the focus of the court’s inquiry is.

Yes, I get that a lot of people object to this kind of relationship. If it were my kid, I’d not be keen on it either. But when looking at legal issues, we have to separate the moral judgment from what the law actually provides. You may think the 20 year old guy ought to go to jail over this, for example, but when the law says it’s not a crime, that’s just not going to happen.

I do agree that the employer might well fire the guy, and maybe the minor too, if it were to learn of relationship. But the law doesn’t require the employer to do that. That would simply be up to the employer to decide.

[Mr. Knowitall]

The governing statute appears to be,

(1) A person is guilty of sexual misconduct with a minor in the first degree when:

(a) The person has, or knowingly causes another person under the age of eighteen to have, sexual intercourse with another person who is at least sixteen years old but less than eighteen years old and not married to the perpetrator, if the perpetrator is at least sixty months older than the victim, is in a significant relationship to the victim, and abuses a supervisory position within that relationship in order to engage in or cause another person under the age of eighteen to engage in sexual intercourse with the victim;

(b) the person is a school employee who has, or knowingly causes another person under the age of eighteen to have, sexual intercourse with an enrolled student of the school who is at least sixteen years old and not more than twenty-one years old and not married to the employee, if the employee is at least sixty months older than the student; or

(c) the person is a foster parent who has, or knowingly causes another person under the age of eighteen to have, sexual intercourse with his or her foster child who is at least sixteen.

The boyfriend here would appear to be a bit less than sixty months older than the OP, which would take it outside of that statute. No, the employer does not have to fire the boyfriend, but in my opinion it would be a pretty stupid employer who didn't fire a manager were these facts to come to light.

[budwad]

I think you mean intra office relationship.

[Dogmatique]

I disagree with some of what has been said here. I think that the fact that some folks disapprove of this sexual relationship is getting in the way of providing objective information. For example, Jack’s wrong that the 20 year-old guy could go to jail for this. In Washington state, the age of consent is 16. Thus, so long as the sex is consensual, he's not committing a crime here. Second, the mere fact that the minor is having sex will not, by itself, result in denial of an emancipation request, particularly when that minor has reached the age of consent and thus the sexual relationship is legal. It would be one factor the court weighs among everything else in making the emancipation decision. If the couple is using birth control and practicing safe sex, I don't see where the idea that the minor is acting so irreponsible as to deny an emancipation request comes from. How does that prevent the minor from being able to care for herself independent of her parents? That is, after all, what the focus of the court’s inquiry is.

Yes, I get that a lot of people object to this kind of relationship. If it were my kid, I’d not be keen on it either. But when looking at legal issues, we have to separate the moral judgment from what the law actually provides. You may think the 20 year old guy ought to go to jail over this, for example, but when the law says it’s not a crime, that’s just not going to happen.

I do agree that the employer might well fire the guy, and maybe the minor too, if it were to learn of relationship. But the law doesn’t require the employer to do that. That would simply be up to the employer to decide.

I do not share the same views on teen sex as most people here (caveat: I'm referring to 16 years old and older). And I could have sworn this was on the emancipation forum.

Am I losing my marbles?

[free9man]

And I could have sworn this was on the emancipation forum.

Am I losing my marbles?

OP has another thread over there but it was different than this one. The emancipation kinda spilled over to this thread when people saw the other thread.

[kaaydub]

Thanks so much ive been so worried. Mainly the only issue here is that he is my manger correct? also could you look at my emancipation question?

[Tang Zulu]

I think you mean intra office relationship.

I meant to mean that, yes. ^_^
But alas it's forever gone.