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Can a 17 year old legally have sex with a 21 ye...
Asked in Powder Springs, GA | May 24, 2017
Researching age of consent and "Romeo and Juliet" laws, as well as statutory rape and all that, the only words I can ever seem to find is "14-16" and "16 and under" or "18 and older". Do 17 year olds not exist? What's the law saw about them? They are legally able to consent to sex, and a 21 year old is no more than 4 years from them. What does the law say about that? If the 17 year old has graduated high school and is going to college does that matter? Can these two people have sex and not have to worry about being arrested?
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Yes. In Georgia, the age of consent to engage in sex is 16.
I am an Attorney-at-Law, licensed to practice law only in the state of California. Unless we have both signed a formal retainer agreement, you are not my client, and my discussion of issues does not constitute legal advice. Opinions expressed herein are those of the author, and do not necessarily represent the opinions of those who hold other opinions.
0 found this answer helpful found this helpful | 0 lawyers agree
It is legal for a 17 year old to have sex with a 21 year old. However, if the parents of the 17 year old don't want him or her to have a relationship with the 21 year old, then it is their prerogative. If the 21 year old continues to have a relationship with the 17 year old, then the 21 year old can face criminal charges, such as interference with custody. In addition, the parents of the 17 year old can seek a restraining order against the 21 year old to keep him away from the 17 year old. The smart move is to date people that are over 18 years of age or wait for this 17 year old to turn 18.
While I am a licensed attorney in the State of Georgia, I am not your attorney, even though I have answered your question here on Avvo. I take the time to answer questions here on Avvo as a public service, and a way to help educate the public about certain aspects of the criminal justice system here in Georgia. If you are in need of more detailed answers or representation, you will have to contact me, set up an appointment, and after a consultation, retain me for my services.
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The one big thing that you haven’t mentioned is whether you still reside with your parents as they have the ability to cause the 21 year old problems if they have issues with him. Interference with custody is how it is classified as you continue your research. Meanwhile, don’t push aside aside the issues of personal responsibility, morality and genuine Love, of course you can! have sex, But before you “condom-up” you might want to “lawyer-up” and have a Pre-Sex Agreement drawn up and signed between the two of you. You see, Consent is a fickle thing at best and when being managed or controlled in adolescents by its’ more fickle cousin Emotion very bad things can happen.
Ever notice how you might feel one way today about someone and feel completely different the next? Ever notice how 16 year olds live through these years on the teeter-totter of feelings? Ever notice that some people get arrested and get hauled away screaming, “But he/she told me it was ok?’ What caused the change of mind that caused the urge in the 16 year old to lash out and hurt the former sex partner? I’m told it ranges from Regret to Jealous Rage. Those causes are too many to list them all here, but use you own imagination.
Now back to those issues noted in the first sentence: Are you mentally and financially prepared to take on the duties of a caretaker or parent? Have both of you been tested for AIDS/HIV? How about Chlamydia, Genital Herpes, Gonorrhea HPV, Syphilis or trichomoniasis ? Most young people are unable to pay much attention to such stuff what with all the sweat, heavy breathing and hurry of these “special moments.” Check out the images of these things on Google and you might slow you down.
Are you aware that no birth control method is 100% effective. Are you prepared to take the life of an unborn child and think about it every single night of your life? Will you abandon the mother and child because of one reason or another? If you can get past these considerations, then there is nothing to stop you but that getting that consent thing done. Oh, yeah, I just remembered, while sixteen year olds can consent to sex, they have to be 18 for the contract to be binding.
I am an attorney, practicing throughout the state of Georgia, in the areas around Augusta, Statesboro and Savannah, Georgia. The information I am providing you should only be considered for your general knowledge and educational purposes, but not as legal advice. Consider it as a good first step in your knowledge acquisition, but not as legal advice. My opinion should be understood to apply only to the laws of the State of Georgia. You should always consult with a local attorney about your situation if you live outside of the State of Georgia.
0 found this answer helpful found this helpful | 3 lawyers agree
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