Is it statutory rape my daughter said she was older she was 13 an he was 19 we are in Ontario also anal was involved.

Yes, it is.

I can't imagine how a 13 year old could reasonably pass for 18, the age she would need to be to consent to sexual activity with an adult man of 19. You know your daughter and whether she could scam someone in this way. Charges of rape could ruin this 19 year old young man's life so think seriously about how you want to handle this.

If they are still together, I think it's appropriate to put your child into counseling and advise the 19 year old in no uncertain terms that your child will be a minor for 5 more years and cannot consent to being with him until then. As her parent, you are advising him he may not contact her and may not be in her presence. Advise him that you will press charges for statutory rape if he does not immediately cease all contact with her and discontinue any sexual contact. Let your daughter know as well that if she is non-cooperative, you will have to report the matter to the police.

You might get a better result if you leverage them each to make the right decision rather than having him arrested, but if they won't comply, the law is on your side.

Call the cops, let them sort it out.

Age of Consent in Canada

Frequently Asked Questions: Age of Consent to Sexual Activity

It does not matter if the girl lies, the girl lying is no defense in criminal trial.

With that said? I will be honest I have seen 14 year old girls in Atlanta Ga that look at least 18. And here in China, I see 21 year olds that look 14.

So legally this is rape.

Now I will have to say, I have a moral delimia, at times, I knew a boy, 18, in south Georgia, a friend of one of my sons. He meet a girl at a club, the girl was really 14, but I saw her photo on Facebook, she looked at least 18.
But in court, she appeared dressed, like a little school girl, and looked 13.

In my friends case, the girl actually came on to the guy, but my son's friend ended up serving 3 years in prison.
I still have an issue with that, since the 13 or 14 year old, has a duty also, to properly present themselves.
The law came from a time, when most 13 and 14 year olds had no sexual knowledge what so ever. But today almost all are very sexually aware and many are sexually active.

So, for my opinion, before I picked up the phone, I would consider not only the legal but the moral issues, determine what part the girl also played in the entire issue. And if calling the police would really serve the good of society.

Or would an agreement for counseling of both the boy and girl, (separate, not together) perhaps serve a better purpose.

Was the boy really a predator looking for underage child, or was it merely a horny teen, who thought he found another horny teen to have sex with. There is a large difference in reason, but the courts treat both offenders the same.

Yes, the girl lying is generally not a legal defense, but it could be a valid defense in front of a jury. If it can be proven in front of a jury that she lied and consented, then its possible that the jury will acquit. But such proof may be very hard.

From the standpoint of the law a minor cannot consent to sex, so legally it is rape. It doesn't necessarily require penetration to make it rape.

My question is what do you want to do?

19 is not a horny teen ager, he is an adult with the legal rights and responsibilities of an adult. I agree with Scott and Fr Chuck you better know what you want to do about this before you call a cop.

May be best to deal with your daughters lying and behavior as a priority first, though as a father my first instinct is to get that b@st@rd that violated my 13 year old. I suspect that there is more to this story than written.

I hope you at least have proof sex occurred given your daughters proclivity to lie.

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Originally Posted by talaniman

19 is not a horny teen ager, he is an adult ...

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Yes, he is an adult; he has reached the age of majority.

But strictly speaking, someone who's age is nineteen is also, by definition, a teenager.

A 13 year old female participating in anal sex with a 19 year old sounds like your daughter is far beyond her years. You should enroll your horny little devil to the likes of a military school or boarding school, but that probably won't help. Do not ruin the life of a 19 year old, due to the mistakes of your daughter. It is your fault for not monitoring the behavior of your child, and raising her to be such a "free spirit". Simply put speak to the other person and warn him that if he doesn't stay away then the authorities will be involved, otherwise control your department of the issue and give your daughter the help she needs.

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Originally Posted by AK lawyer

Yes, he is an adult; he has reached the age of majority.

But strictly speaking, someone who's age is nineteen is also, by definition, a teenager.

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Maybe the prosecutor will take that into consideration.

I also think its pretty damn bad when you HAVE to demand to see someone's birth certificate before you go out with them just to cover your butt if they lie to you about their age.

Yeah there ARE predators... but I think a LOT of people busted for this are actually guilty of making the mistake of taking someone at their word.

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Originally Posted by Questionair

A 13 year old female participating in anal sex with a 19 year old sounds like your daughter is far beyond her years.

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I think that was unfair. You have no clue who initiated what or what the true circumstances were here. Clearly the fact that the OP's daughter pretended to be older than she is puts some of the onus on her. But I can think of lots of situations where the daughter may not have intended things to go as far as they did and found herself way in over her head. A 13 yr old would be very flattered by the attention of a 19 yr old and not want to put him off and just gone along because of that. On the other hand I agree with smoothy, that a lot of the time the problem is being too trusting. Yes, a 13 yr old can easily make herself look more like 18.

So lets not condemn either of them without more details. The blame could be on one, the other or shared by both.

In criminal law, statutory rape, there are no "facts" to give any consideration except for sentencing.

If the girl is under age. If they boy is over a certain age (as determined by state law in the US) no other facts could even be allowed in court normally. Girls desires, even the girl asking for sex, even the girls looks, has no bearing on guilt or innocent, the reason it is called statutory, it is a illegal act by breaking of the statue A DA could plea bargain on this, but don't expect them to ever do that, in fact expect them to look for a max. The reason, image a news paper taking it the other way. DA lets child raper off easy, Child molester gets off because of DA deal.