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We all know that sex with a minor is illegal. But what happens when a 14yo boy does it with a 14yo girl?

Which one is liable for having sex with a minor? The boy or the girl? And to make my point clearer, neither claims rape. I believe that my question is not just being academic.

10 Answers

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  • 8 years ago
    Favorite Answer

    It depends entirely on jurisdiction.

    In some jurisdictions, it may be criminal for both of them, or for whomever's birthday comes first.

    Many jurisdictions, however, have 'close-in-age' clauses permitting sex with a minor provided that the older person is within a certain age gap from the younger person. For example, in Canada, the usual age of consent is 16, but it isn't criminal to sleep with a 14- or 15-year-old provided that you aren't more than 5 years older, or with a 12- or 13-year-old provided that you aren't more than 2 years older. (There's a caveat - if the older person is in a position of trust, etc., sleeping with anyone under 18 will nonetheless be sexual exploitation, regardless of how close in age the people may be.)

    It's not a message of moral approval, telling 14-year-olds to go ahead and sleep with 12-year-olds; it's a recognition that the act isn't *criminal*, in the sense it obviously is when a 40-year-old sleeps with a 12-year-old.

  • Depends on where they live. In a lot of places, 'close in age' exemptions allow such activity. For example, the law may says that minors 14-16 can have sex with others with a 2 year or less age difference.

    In other places I know California is one), it's illegal, and BOTH can be charged.

    PS Nobody has to claim rape. If they are too young to legally consent, it IS rape.

  • Difdi
    Lv 6
    8 years ago

    Quizoo, Mutt and northernhick got it right. Everybody else before my answer is wrong for one reason or another.

    You didn't say what place you're asking about, and every state has different laws. So does every country as well. Some cities have age of consent laws specific to that city. Since you didn't name a location, nobody can give you an answer that is both factual and specific.

    The people who did give specific answers are answering for their own city/state/country, which is completely irrelevant unless you are also in that same place. If they had said what place they were talking about in their answers, they might have been at least slightly useful, but they all made blanket statements, as if what is true where they are must be true everywhere. It's not. And that assumes they aren't mistaken about their local laws -- quite a few people go by rumor and hearsay, rather than looking up the laws themselves.

    Quizoo, Mutt and northernhick gave factual answers as I noted, and I can't really add anything to it except a link to a site where you can look up the laws that govern your state. I'm assuming you're in the U.S. since you posted in the U.S. section of the site.

  • Mutt
    Lv 7
    8 years ago

    We all know that sex with a minor is NOT always illegal, and there are some instances where it is legal. Those instances will depend on the state or country you live in. For example, in some states, a 19 year old can legally have sex with a 16 year old. And in some states, a 16 year old can legally have sex with a 14 year old.

    So what happens when a 14 year old boy has sex with a 14 year old girl? Legally, that will all depend on what state or country it took place in. Without knowing this, it's impossible to say.

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  • 8 years ago

    In the state of Queensland, Australia it is illegal to have sex under the age of 16 period. I'm not a lawyer but I guess it means they both would get charged by the state if it was consensual but even than cases like these are hard to prove and sometimes just fall through because of the lack of evidence.

  • Anonymous
    8 years ago

    14 and sex. Not cool. Parents need to be more involved with their children and know what's going on with their children. This question shouldn't even be asked...but it's 2013. Sad. Definitely cannot give consent at 14.

  • 8 years ago

    Both are guilty of a lesser crime..most likely "sexual misconduct"

    a 14 year old cannot consent to sex..PERIOD

  • ?
    Lv 5
    8 years ago

    If two consenting minors have sex, then nobody is guilty for having sex with a minor.

  • 8 years ago

    The first answer is wrong. Both are guilty of statutory rape. The laws are clearly written.

  • 8 years ago

    Both can be charged, both have committed a crime.

    As a minor you cannot give permission, no more than you can give someone permission to steal. It's a crime, period.

    (not that it will change your hormones one iota, you'll do what feels good, because that's what kids do )

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