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south carolina law help please

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  • south carolina law help please

    we have a 15 year old whom we allowed to date a 19 year old. When I say date they only left the house a couple of times to run to the store for me or to get a coke. Not gone long...maybe 15 mins. anyways, she is now preg. we told him to begin with that there would be hell to pay if anything sexual happend. (i know, im a little naive) now after sitting on it for about a week i want to know if i can have him picked up on statutory charges? i have asked around and i have been told no because we knew he was 19 and allowed them to see each other....my opionion is that we never said here take my 15 yr. old and have sex with her. Please cite the law (you might have to dumb it down for me to understand it) but please dont ridicule me for our bad judgement. Thanks.....

  • #2
    This is a site for information, but in your case I am not going to cite the law. I dont think you should be pursuing any charges because it would not help anything and would just hurt and you seem angry about this seeking revenge, and this site is not about that. Also, there is no indication that your child was raped or the sex was not consensual, so aside from the age thing which you knew about, there does not appear to be anything else going on but underage sexual relations that you knew could happen. Now on a practical note, the baby is coming and do you want to alienate the father of your grandkid and lead the kids to run off to Georgia to marry or something like that. It is not an ideal situation, but I suggest you go speak with a minister or counselor to figure out if your anger and desire for vengeance is appropriate now there is a baby on the way.

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    • #3
      Elklaw, sex between a minor and an adult can never be considered consensual. In the court's view, the minor does not have the capacity to give consent to a sexual act with an adult. It is not illegal for an adult to DATE a minor, as long as the minor's parents give their permission. But, the minor's parents cannot give consent (either explicit or implied) for an adult to have sex with their child. A parent cannot give consent for their child to break the law.

      If this is truly what you want to do, (I advise you to talk this over with a counselor of some sort, first) you can start here:

      http://www.scstatehouse.net/code/t16c003.htm

      16-3-652 - 655
      16-5-140
      Last edited by mommyof4; 03-28-2006, 07:56 AM. Reason: add link
      HOOK 'EM HORNS!!!
      How do you catch a very rare rabbit?
      (unique up on him)
      How do catch an ordinary rabbit?
      (same way)

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      • #4
        Thank you mommyof4. I don't think that elklaw understands that a minor is a minor any way one looks at it. It is not illegal to date, but when it comes to sex it is .
        Anyway thank you both for your comments and the additional information.
        Have a Blessed day.

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