Sex Crimes, Sex Offenders Statutory Rape? Can Parents Punish??

[em38]

I'm 17 years old, living in Georgia, and dating an older guy. I don't want to be too specific, but he's older than 21.
My parents recently found out that I'd been sneaking out with him, and I'm pretty sure they suspect that we have/are having sex.
The other night after I'd gotten off the phone with him, my dad said to me, "You're busted, and he's going to get a phone call from the lawyers tommorw".


My question is, what (if anything) can they do to him or me. From everything I've read, they can't press charges for Statutory rape or contribution of delequency to a minor because "minor" is defined as anyone under 17 years of age. If my parents were to put a restraining order aginst him (when he couldn't be around me) wouldn't they need my consent? And would it lift when I turn 18?

Does anyone know of anything else they could possibly do????



Thank you in advance!!!

 

[NYClex]

As long as one is a minor the parents have a right to set the rules, also the rules who may interact with the minor or not. Anyone infringing on that right commits a tort and can be held responsible and be restrained from further contact.

Once a minor reaches the age of maturity, which in most states nowadays is 18, he or she is free to lead their lives the way they want.

 

[em38]

So since I'm 17 years old, I am a minior?

If that's true, then why is it that if I commited a crime I would be seen as an adult?

 

[NYClex]

The law sets certain rules. Generally a person is a minor until his or her 18th birthday. So, being 17, you would be a minor. As long as a person is a minor, his or her parents (or court appointed guardians) have the right to determine certain factors of the minor's life.

There are some issues where it is pretty obvious that a minor is considered not yet mature enough to exercise the same rights as adults, you cannot vote until you are 18, you need parental or court permission to marry and so on.

If a minor forms contracts, they can in most cases be "disaffirmed" by the minor, for example if you go to a car dealer tomorrow and sign a contract for a $ 50,000 luxury car and then find out that you cannot afford that anyway, you can simply declare that contract null and void. If you were an adult, the dealer could sue you for breach of contract and collect damages. He cannot do that, if the party was a minor.

In criminal law there is a sliding scale. Children under 7 are supposed to be unable to form criminal intent, so they cannot be prosecuted for conduct that would be criminal if an adult would commit it. Let us say a child of 6 years throws a stone into a window. If an adult would do that, it would be criminal mischief.

Children between 7 and 14 are presumed to be unable to form criminal intent, but here it is rebuttable. If the prosecution can show that the facts clearly indicate that in fact the child knew very well what he was doing and intended to do it, the child can be punished. BUt still, in most cases she would not be punished by adult rules and standards and in a regular court, but according to juvenile justice rules and standards in a juvenile court. This makes a huge difference.

Lately there has been a development towards a third standard, commonly described with the saying: "you do adult crime, you do adult time." Because of the sheer number of violent and vicious crimes committed by minors most states give the courts the possibility to try and convict minors as adults if the way they committed the crime establishes that they more or less acted in the same way an adult would have.

That mirrors a rule in tort law where it clearly says: if a minor engages in an adult activity, like driving a car, he is responsible as if he were an adult.


So, that is the law, you might like it or not, but that it is. Remember, it is not that long ago when the age of majority actually was 21.

 

[em38]

Wow, that's alot of great information.

Thank you so much for spending your time with me!!

 

[NYClex]

you are welcome