Hi im 17 almost 18 in may of 2014. My girlfriend is 15 and gonna be 16 in August . We are two yesrs and a few months apart. She just found out she was pregnant. Will I go to jail or am I covered ? I live in va. But the law is confusing on underage sex. Ik consent age is 18 but im just scared
I believe that when the matter involves children, the statute requires consideration of the age difference between them. I think that given the fact that you were both minors when this occurred, the relative closeness of your ages, and, presumably, the consensual nature of the sex, I doubt that the prosecutors would pursue charges even if they could, statutorily. Is she or her family bringing charges against you?! If you have not already been charged with anything, I would try not to worry.
VA Code §18.2-63(B) would apply to this question which covers acts of intercourse with a child under 15 years of age with an accused that is also a minor. It states: “If any person carnally knows, without the use of force, a child thirteen years of age or older but under fifteen years of age who 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”
You were ages 15 and 17 at the time of intercourse, so if I were representing you I would make the case that the statute says UNDER Fifteen, not exactly 15. And she was nearing 16 at the time. Furthermore the statute is titled “BETWEEN thirteen and fifteen years of age.” Its nitpicky but I would hope a judge wouldn't’t be so strict about something like that.
You should however stop the relationship, if you have not done so already. § 18.2-371 applies to ages 18 and over with another ages 15-17 and it is punishable as a class one misdemeanor.
This answer is given in accordance with the laws of Virginia and may not be applicable in any other state. It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case. If you need further information or assistance, please feel free to contact my office for a consultation.
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