Tag Archives: STATUTORY RAPE

Can a 20-year-old be charged for statutory rape if she is 16?

Q: Her parents are okay with her having sex. She had a previous child which she had at 14 (not by me) and she is perfectly capable of consenting. She sleeps around a lot and it was all consensual. I believe I got her pregnant. So, my question is, could I be prosecuted if I am 20 years old for getting a 16-year-old pregnant? I know the age of consent in Pennsylvania is 16. But it is confusing. Maybe she shouldn’t put my name on the birth certificate since it may not be my child. (Pittsburgh, PA)

A: People ages 16 years old and older can legally consent to sexual activity. The only crime you could be charged with would be Corruptions of Minors. That is unlikely if the victim or her family do not want to pursue it. Unlikely, but not impossible, especially if the relationship sours. Whether she should put your name on the birth certificate is another subject of discussion and you should seek the opinion of a Family Law attorney. Doing so will add to the presumption that you are the father.

Statutory Rape?

Q: I’m 16, my possibly soon-to-be boyfriend is 19. Almost anywhere we research or read up it says, 16 is the age of consent and it is legal if I would commit a sexual act (such as intercourse, oral sex, etc.) with him. He therefore won’t be charged with statutory rape. But, there are other websites and forums that say I can only have a sexual relationship with someone of the age 16 and 17 for it to be legal? Could someone help me out? I wouldn’t want to get him in trouble if we would do anything. (Pittsburgh, PA)

A: Under Pennsylvania law, people ages 16 and older can legally consent to sexual activity. The only crime he could be subject to for having consensual sex with you would be Corruption of Minors, given the fact you are a minor and he is an adult. This would require your parent or guardian going forth to file charges and you being a witness or providing statements to prove the case there was sex. My advice to both of you would be to wait until you are 18.