Q&A- Consensual Underage Sex & Touching with Girlfriend

Question: https://www.lawguru.com/answers/answer/show/540690065

Category: Sexual Harassment Law
Location: North Carolina

Question: I am 16 years old and I will be turning 17 in June. My girlfriend is 14 and will be turning 15 in a few weeks. What would be any illegal touching? I do not want to have sex. Can her parents post a restraining order against me? And when she turns 16 and I’m 18, what are the illegal things and legal things we can do?

Your Reply: There are two types, for lack of a better term, of statutory rape. The most serious, which is a class B1 felony, prohibits vaginal intercourse with a child who is 13, 14 or 15 years old, when the defendant is at least 6 years older than the victim. N.C.G.S. 14-27.2A. The lesser offense, which is a class C felony, prohibits vaginal intercourse with a child who is 13, 14 or 15 when the defendant is more than four but less than six years older than the victim. N.C.G.S. 14-27.7A(b). Statutory sexual offenses require a sexual act other than vaginal intercourse, but have the same age limitations as statutory rape. The age limitations in the charge of indecent liberties are a little more relaxed. The statute requires the defendant to be above the age of 16 and the victim to be below the age of 16, however, the defendant must be at least five years older than the victim. These do not apply to your situation. Sexual Battery is the only other possible charge, and there are no age limitations on that. To be convicted of that offense, the defendant must engage in sexual contact with the victim, by force and against their will. As long as the sexual contact is consensual, it is not sexual battery. The simple answer to your question is that you need to respect the young woman’s boundaries, and “no” means NO, but there is not a criminal violation if you both agree to have contact with each other.

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