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About Ed Buckner
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Nationally known freethinker will answer questions on church and state, including giving specific quotations and historical or logical support on religious liberty questions. I`m an expert on the U.S. Constitution, First Amendment, and the Treaty with Tripoli (1796-97). I am a Regional Director for the Council for Secular Humanism, active in the Freedom From Religion Foundation, and a leader of the Atlanta Freethought Society and The Georgia Chapter of Americans United for Separation of Church and State. I earned a Ph.D.in Educational Leadership from Georgia State University in 1983.

 
   

You are here:  Experts > Arts/Humanities > Political Science > 1st Amendment and Free Speech > sexual consent

Topic: 1st Amendment and Free Speech



Expert: Ed Buckner
Date: 6/30/2008
Subject: sexual consent

Question
My 15 year daughter is asking if she can become intimate with her 17 year old boyfriend. I have told her that it is illegal and that although I appreciate her "asking permission", I will not "set the stage" for them to have uninterrupted time together and I will not condone the behavior. I imagine they will find a way to do what they want, when they want. How much trouble can I get into for knowing ahead of time that they are planning on "consensual sex" - of course, she is a minor. Please advise quickly!

Answer
Dear ljd,

Well I can manage "quickly" but not authoritatively. I'm not really an expert on this and I'm not an attorney, but I know a little about it. The age of consent--the age when someone is considered by law old enough to marry or to knowingly agree to sex--varies from one state to another, as do other related aspects of the law, probably including legal liability of an adult who is merely aware of a potential problem. If a person is not yet of age and has sex with an adult, the adult can indeed get into big trouble--get charged with statutory rape and be labelled a sex offender and have his life ruined. It may even be possible for this to happen to him if  no sex is involved, if someone accuses him of having sex with a minor--but I'm not at all sure how knowledge by another bears on this legally, if at all.

My advice is to worry more about your daughter's health and psychology and less about your own legal liability--and, probably, you and your daughter should visit a reliable agency like Planned Parenthood to see what your rights and your risks are. The legal concerns can best be addressed by an attorney where you live.

Good luck.

Regards,

Ed Buckner


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