Do parents have the legal authority for this in Ohio? Credible sources cited please?

Okay, so I have a friend who's about to turn 16 and wanted some advice. She's dating an 18-year-old who her mom isn't a fan of due to his past (don't know much, but he's away from that stuff now and has made a big change). Sadly, she's not willing to give him a chance, even though she admits she's been unfair to others before. Anyway, they haven't had sex yet or anything, but her mom said that if she found out about them having sex she would charge him with rape. Now, I've heard that the age of consent in Ohio is 16. Could she do that when my friend is legally "of age"? How would this work?

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  • 7 years ago
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    The age of consent in Ohio is 16 as specified by Section 2907.04 of the Ohio Revised Code. However, there exists a close in age exception where a minor 13 or older can consent to sex as long as their partner is less than 18 years old.

    2907.04 Unlawful sexual conduct with minor.

    (A) No person who is eighteen years of age or older shall engage in sexual conduct with another, who is not the spouse of the offender, when the offender knows the other person is thirteen years of age or older but less than sixteen years of age, or the offender is reckless in that regard. {§ 2907.04}.

    It is illegal for a person of any age to have sex with a child beneath 13 years of age who they are not married to.

    2907.02 (A) 1. No person shall engage in sexual conduct with another who is not the spouse of the offender or who is the spouse of the offender but is living separate and apart from the offender when any of the following applies...

    (b) the other is person is less than thirteen years of age, whether or not the offender knows the age of the other person {§ 2907.02}.

    However, the preceding statute, Section 2907.03, specifies that sexual conduct between anyone under 18 and a teacher, administrator, or coach of the school they attend, a cleric, or other person in authority, is punishable as a felony of the third degree.

    2907.03 Sexual battery.

    (A) No person shall engage in sexual conduct with another, not the spouse of the offender, when any of the following apply:

    (5) The offender is the other person’s natural or adoptive parent, or a stepparent, or guardian, custodian, or person in loco parentis of the other person.

    (7) The offender is a teacher, administrator, coach, or other person in authority employed by or serving in a school for which the state board of education prescribes minimum standards pursuant to division (D) of section 3301.07 of the Revised Code, the other person is enrolled in or attends that school, and the offender is not enrolled in and does not attend that school.

    (8) The other person is a minor, the offender is a teacher, administrator, coach, or other person in authority employed by or serving in an institution of higher education, and the other person is enrolled in or attends that institution.

    (9) The other person is a minor, and the offender is the other person’s athletic or other type of coach, is the other person’s instructor, is the leader of a scouting troop of which the other person is a member, or is a person with temporary or occasional disciplinary control over the other person.

    (12) The other person is a minor, the offender is a cleric, and the other person is a member of, or attends, the church or congregation served by the cleric. {§ 2907.03}

    {§ 2907.03}

    Ohio law also contains a rule against importuning, which means a perpetrator of any age sexually soliciting a minor over the internet if the minor is under the age of 13, or in the case of a perpetrator 18 years of age or older, sexually soliciting any minor who is under the age of 16. {§ 2907.07}

    it is very possible they could charge him with some type of crime other then statutory rape. gross misconduct, corruption of a minor, indecent assault, Involuntary deviate sexual intercourse.

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  • BigRed
    Lv 7
    7 years ago

    Oh patooties (to the 3,000 word or so response quoting the entire Ohio statute and then saying they can come up with something to charge him with).

    Any time a guy has sex with a girl, the girl can always claim it was rape, and that risk is probably greater when the girl is a minor and might be pressured by her parents and might be less likely to appreciate the seriousness of her act.

    Putting that issue aside, under Ohio law, two persons, who have both reached the age of consent, can have consensual sex. The age of consent in Ohio is 16. Since the question doesn't ask about anyone who's under the age of consent, the "close in age" exception isn't relevant.

    If the 18 year old is a teacher or in a position of authority, then that would be an issue, but it doesn't sound like that's the case. As for "importuning", gross misconduct, involuntary deviate sexual intercourse, etc., that's all a bunch of red herrings.

    Corruption of a minor charge would apply if the 18 year old enabled or encourage the 16 year old to commit a crime, such as underage consumption of alcohol. Also, avoid any erotic pictures of the 16 year old, as that could be considered child pornography.

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  • 7 years ago

    Once she turns 16, she can legally consent to sexual intercourse, and her mother cannot have her boyfriend charged with anything.

    However, as long as the girl is a minor and living at home, she has to do what her parents want.

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