Ive got a bit of problem and I am hopeing I can get it straightened out here. Im a 23 year old Male living in Delaware, there is a 16 year old female who is head over heels for me. Normally, I wouldn't even consider something like this but, she is so much more mature then the normal 16 yr old, she is a really sweet girl and I am beginging to get seriously interested with her. However I am not 100% sure about if this is legal or not, and before I go any with this I need to find out.

Basically my question is, assumeing I did want to begin a relationship with this 16 year old (and I am 23), can I get in any kind of legal trouble? As far as sexual relations between the 2 of us go, oral would prob be the farthest I would be willing to take it. Im def. NOT interested in taking a 16 yr olds virginity, so actual intercourse is out of the question.

I have heard so many different answeres that I am beside myself on what to do, I am hopeing that I will get 100% accurate answeres here. What I have always assumed was if a guy is 18 years or older, then he simply CAN NOT date/make out/touch/sex or anything, with someone who is UNDER 18. However, I have heard that if the girl is 16, then as long as I am not 26 years old, then everything is fine and there is no legal trouble. Ive also heard if the girl is 16, then the guy can't be over 20.

So, I am really unsure what to believe now. If there is any chance of any kind of legal trouble, then I think I would rather just walk away from the whole situation, I already feel a bit uneasy about it as it is, however I really do like this girl and really want to give it a shot with her. But, if there is a chance I can be thrown in jail then, it just isn't worth it.

So, what's the worst that can happen to a 23 year old guy who is dateing a 16 year old girl, and are having oral sex, but nothing more.


Also, how much of a role do her parents play? Assumeing there is no legal problems with my situation and everything is all right. What if her parents completely disagree and don't want me to having to do with there daughter. What can they do to me, or her or just in general that can keep us from seeing each other. Aside from blocking my phone #, email address, and basically telling her not to talk to me anymore. Is there anything they can actually do to get me in trouble?

Thanks for taking the time to read all this, I hope I was clear about my problem. I will be checking this often to see the answeres and hope to have some soon. If more information is needed about my problem in order to answere is accurately, just ask away and Ill do my best. Thanks again.

Yes if you have sexual relations with her or if she ends up accusing you of it you could be in for a mess.


16 yr olds in Delaware are at the age of consent BUT there is a gap provision which means that any body over 4 (usually) years older than them is not allowed to have sexual contact.

AGE OF CONSENT CHART FOR THE U.S. (http://www.ageofconsent.us/)

Moral Outrage - Delaware - Age of Consent Laws (http://moraloutrage.net/staticpages/index.php?page=Delaware)

Delaware statutory rape laws are define the basic form of this crime as rape in the fourth degree. This is when an adult intentionally engages with a person who has yet to reach his or her 16th birthday. Rape in the fourth degree also takes place when a person who is 30 years old or older has sexual relations with a male or female victim who is under the age of 18.

Delaware statutory rape laws are define the basic form of this crime as rape in the fourth degree. This is when an adult intentionally engages with a person who has yet to reach his or her 16th birthday. Rape in the fourth degree also takes place when a person who is 30 years old or older has sexual relations with a male or female victim who is under the age of 18.


So... Since she has already hit her 16th Birthday, and I am not 30 years old, only 23. Im all right?

NO the oldest guy she can be with (if the gap provision is 4 yrs) is 20.
You can see her but you can not let it get intimate.
If the gap provision is at least 7 yrs then you should be okay.

Looks like the gap is 16/30 but I would make sure before getting too far into a relationship.

So... Since she has already hit her 16th Bday, and I am not 30 years old, only 23. Im alright?

Best bet is to wait but here is few links if want to research more.

§ 771. Rape in the third degree; class B felony.

(a) A person is guilty of rape in the third degree when the person:

(1) Intentionally engages in sexual intercourse with another person, and the victim has not reached his or her sixteenth birthday and the person is at least 10 years older than the victim, or the victim has not yet reached his or her fourteenth birthday and the person has reached his or her nineteenth birthday and is not otherwise subject to prosecution pursuant to § 772 or § 773 of this title; or

That is from this site
Moral Outrage - Delaware - Age of Consent Laws (http://moraloutrage.net/staticpages/index.php?page=Delaware)

They are quoting
Subchapter II. Offenses Against the Person (http://delcode.delaware.gov/title11/c005/sc02/index.shtml)
Edit:
You want to look at § 770. Rape in the fourth degree; class C felony. And § 771. Rape in the third degree; class B felony. Or just crtl f rape will do the search if you want to make sure read everything.
/end of edit

A quote from a forum post in Delaware:

However... parents do have the right to protect their children till they are emancipated or turn 18 and therefore can use delinquency laws, endangerment laws (which often apply to those under 18 in both cases) and/or restraining orders. The penalties for these vary state by state and usually are invoked when there is illegal/non sexual behavior taking place, such as providing alcohol to minors etc.

It's really hard when your talking about minors to give you a definite yes or no the laws are made for legal room to protect minors. As it should. If her parents or her guardians want to they can charge you with a few different laws. Best bet is to wait if you want to research even more after reading this may I suggest contacting a lawyer maybe see if you can find one that would give you free legal advice who is aware of the cases in your local area.

You might want to check
Your state laws.every state is differrent.just look up the legistration.I know were I live a 17 year old can do what ever they want with a older person.and 16 they need the parents concent.

... As far as sexual relations between the 2 of us go, oral would prob be the farthest I would be willing to take it. Im def. NOT interested in taking a 16 yr olds virginity, so actual intercourse is out of the question. ...

Sex is sex. Bill Clinton's famous denial that he "... did not have sexual relations with that woman" did not wash. He had sex with her, although perhaps not coitus. Look at Del. Criminal Code sect. 761 for the legal definition of sexual intercourse. CHAPTER 5. SPECIFIC OFFENSES Subchapter II. Offenses Against the Person (http://delcode.delaware.gov/title11/c005/sc02/index.shtml)

A K Lawyer I said NO IF the gap provision is 4 years. I didn't state what it was for their state.

This thread is from 2008 - ?