Expert: Jack Toomey - 5/9/2007

Question
QUESTION: hi my names chelsea and i live in the state of alaska and my boyfriends 19
years old and im 16. My parents really do not approve of my boyfriend, as a
matter of fact. they dont even know about him and i've been dating him for
about 2 years now. If my parents found out they would do everything in their
power to put him in jail. He's not a bad person at all and has the same goals
in life as me. I was just wondering if they could put him in jail if they decided
to. Is it possible for them to send him to jail even though hes only 3 years
older than me. I've been lookin up the law of consent but i really dont think
my parents will consent this one. Is there a any flaw in the law that could save
him from going to jail?
ANSWER: Chelsea,

  I have to be very careful when I answer a question like this.  You have mentioned the "age of consent" which in legal terms means the age that the state has set where a person can make a decision to have sexual intercourse with an older person.  It does not cover dating or "going out" or anything like that.  I have no idea what the age of consent is in Alaska.  I live about 7000 miles from Alaska.

 I'm not sure why you think that your boy friend is going to jail.  Has he been arrested?  Has he violated a law in Alaska?  You need to think about these questions before I answer yours.

---------- FOLLOW-UP ----------

QUESTION: Hi again. No he has not been arrested or violated any laws. He has no record. But the fact is he's dating a minor and isnt that illegal? If my parents chose to press charges against him would that be possiblE? The age of consent here is 16 years old. but the law is very confusing, because it also states somewhere that a 16 year old has the right to date an older person as long as they're not 3 years or older and my boyfriend is 19 years old, so thats almost pushing it.  

Answer
Chelsea,

  I have never heard of a law that says anything about dating unless the "dating" leads to keeping the younger person away from their parents or missing school, etc.  The laws do cover sex so if date equals sex then yes there are laws about the age of consent.  In MY state the age of consent is sixteen which means that a sixteen year old girl can choose to have sex with anyone she cares to.  Now remember this applies to MY state and not necassirly to Alaska.  I still don't understand why you think that your boyfriend is going to go jail.  Does your high school have a police officer assigned to it?  If not I think that a telephone call to your local police station would clear up your question in a few seconds.  The officer on duty would be happy to talk to you because that is what he is paid to do.