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My question involves juvenile law in the State of: Virginia
Woke up this morning to find my 20 yr old son's new 17 yr old girlfriend here at the house. It appears she spent the night in my son's room.
What legal issues is he facing sleeping with a 17 yr old?
What legal issues are we facing if we allow this to take place here at our home?
No one knows what the age of consent in Virgina is but most say 16 - but it's possible if the girls parents pressed the issue he could be charged with at least fornicating (bizarre) Virgina, being a commonwealth, is a bit on the unusual side.
But if my son brought a girl home i better find one of them on the couch in the morning because that's disrespectful to me.
I agree with you that it was disrespectful to us... last night was the first, only and last time this will happen. I had no knowledge of this until I discovered her here this morning.
You may want to consider booting junior to the curb.
Otherwise, now that you know, you could be held as an accessory.
What did her parents say when you called them?
Age of consent in VA is 18! Your son is now guilty of rape if charged. You will be held accountabel as well if it happens again since you are now aware of it. By the way I doubt this is first time
Virginia law is actually very clear on this issue:
Title 18.2 Crimes and Offenses
Chapter 8 Crimes Involving Morals and Decency
ss. 18.2-371 Causing or encouraging acts rendering children delinquent, abused, etc.;
Consensual sex where one partner is 15 or older, but still a minor, and the other is over 18, is a class 1 misdemeanor.
§ 18.2-371. Causing or encouraging acts rendering children delinquent, abused, etc.; penalty; abandoned infant.
Any person 18 years of age or older, including the parent of any child, who (i) willfully contributes to, encourages, or causes any act, omission, or condition which renders a child delinquent, in need of services, in need of supervision, or abused or neglected as defined in § 16.1-228, or (ii) engages in consensual sexual intercourse with a child 15 or older not his spouse, child, or grandchild, shall be guilty of a Class 1 misdemeanor. This section shall not be construed as repealing, modifying, or in any way affecting §§ 18.2-18, 18.2-19, 18.2-61, 18.2-63, and 18.2-347.
If the prosecution under this section is based solely on the accused parent having left the child at a hospital or rescue squad, it shall be an affirmative defense to prosecution of a parent under this section that such parent safely delivered the child to a hospital that provides 24-hour emergency services or to an attended rescue squad that employs emergency medical technicians, within the first 14 days of the child's life. In order for the affirmative defense to apply, the child shall be delivered in a manner reasonably calculated to ensure the child's safety.
(Code 1950, § 18.1-14; 1960, c. 358; 1975, cc. 14, 15; 1981, cc. 397, 568; 1990, c. 797; 1991, c. 295; 1993, c. 411; 2003, cc. 816, 822; 2006, c. 935; 2008, cc. 174, 206.)
If you have a liquor cabinet you best check the levels and make sure it's locked with a key and has a back that can't be removed. Heard about a VA case about that a while back where the parents were nailed with "Contributing to the delinquency" because their son raided the cabinet and supplied his friends (some minors). The parent's claimed they didn't know a thing about it. Some parents in VA have an alarm on their liquor cabinet that e-mails them when it has been opened (Vector and ADT have no-alarm alarms in VA; it's part of the home alarm system but does not trip the siren alarm, but sends an e-mail or rings the chime). This might apply because your son is of age but under the legal drinking age for the Commonwealth of VA.
VA has a few laws that could get your son in trouble since he is "of age". Most have been mentioned. One that has not - If the parents considered her as a runaway then he could have been harboring a runaway. Only certain organizations are allowed to provide safe haven and my guess is that one of them is not your son's bedroom.
I am still patiently waiting for HER parents' response.
Because, OP, if you don't call them, you are condoning the behavior.
I'll see your claim of clarity and raise you some mumbo jumbo
§ 18.2-63. Carnal knowledge of child between thirteen and fifteen years of age.
If any person carnally knows, without the use of force, a child thirteen years of age or older but under fifteen years of age, such person shall be guilty of a Class 4 felony.
However, if such child is thirteen years of age or older but under fifteen years of age and consents to sexual intercourse and the accused is a minor and such consenting child is three years or more the accused's junior, the accused shall be guilty of a Class 6 felony. If such consenting child is less than three years the accused's junior, the accused shall be guilty of a Class 4 misdemeanor.
For the purposes of this section, (i) a child under the age of thirteen years shall not be considered a consenting child and (ii) "carnal knowledge" includes the acts of sexual intercourse, cunnilingus, fellatio, anallingus, anal intercourse, and animate and inanimate object sexual penetration.
§ 18.2-66. Effect of subsequent marriage to child over fourteen years of age.
If the carnal knowledge is with the consent of the child and such child is fourteen years of age or older, the subsequent marriage of the parties may be pleaded to any indictment found against the accused. The court, upon proof of such marriage, and that the parties are living together as husband and wife, and that the accused has properly provided for, supported, and maintained and is at the time properly providing, supporting and maintaining the spouse and the issue of such marriage, if any, shall continue the case from time to time and from term to term, until the spouse reaches the age of sixteen years. Thereupon the court shall dismiss the indictment already found against the accused for the aforesaid offense. However, if the accused deserts such spouse before the spouse reaches the age of sixteen without just cause, any indictment found against the accused for such offense shall be tried without regard to the number of times the case has been continued, and whether such continuance is entered upon the order book.
§ 18.2-344. Fornication.
Any person, not being married, who voluntarily shall have sexual intercourse with any other person, shall be guilty of fornication, punishable as a Class 4 misdemeanor.
urse by the use of any such vehicle.
Any person, being married, who voluntarily shall have sexual intercourse with any person not his or her spouse shall be guilty of adultery, punishable as a Class 4 misdemeanor.
§ 18.2-370. Taking indecent liberties with children; penalties.
A. Any person 18 years of age or over, who, with lascivious intent, knowingly and intentionally commits any of the following acts with any child under the age of 15 years is guilty of a Class 5 felony:
(1) Expose his or her sexual or genital parts to any child to whom such person is not legally married or propose that any such child expose his or her sexual or genital parts to such person; or
§ 18.2-370.01. Indecent liberties by children; penalty.
Any child over the age of thirteen years but under the age of eighteen who, with lascivious intent, knowingly and intentionally exposes his or her sexual or genital parts to any other child under the age of fourteen years who, measured by actual dates of birth, is five or more years the accused's junior, or proposes that any such child expose his or her sexual or genital parts to such person, shall be guilty of a Class 1 misdemeanor.
Not sure on the law, so not advice. I would not call the parents, could open a can of worm's. The issue currently really is you not wanting your son to have female guest's over night. The only real trouble would be if the parents didn't like their daughter dating an "older" guy. When 25, I dated an 18 year old. Her parents, did not care. Today at 35, could date a 20 year old, considered doing so. Legal, but creepy, for me. Other's not only would wish they could be in my shoe's. The real problem, I know her parents and they would not like it. In this case both legally and parents could be unreasonable therefore a nonlegal hassle. Dad's with their "little" girls can be problem's no matter what. Why open a can of worm's when most likely this will never become an issue left alone.
Not 100% sure, but reason dictates, her age difference is not a big deal in most reasonable people's eye's. Police would probably try to reason and chill out parent's trying to get this charged. Best not to worry about something that has not happened yet......... And don't get the ball rolling yourself. Police are not decider's of due process, they decide how they will put you in jail with your words. Silence is golden. Hence the right to remain silent!
In other words don't end up like these people! http://seattlepi.nwsource.com/powertoharm/