Can a 16 year-old date a 20 year-old if the minor’s parents areisOK with it?

My son is 16 he is dating a 20 year old girl. I am completely ok with this situation. Recently they were told that she could get in alot of trouble for this, so that has brought some concern to them. I told them I believe that since he is at legal age for consent that I would have to be the one to press charges not anyone else, is that true also?

Asked on September 28, 2010 under Criminal Law, Michigan

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

First of all, if a law is broken anyone can file a criminal complaint, not just a parent.  Secondly, your son is free to "date" whoever he wants. That all having been said, since he is 16 which is also the age of consent in MI, he can have sexual relations legally with his girlfriend.

Note:  If it can be proven that they were having sex prior to his 16th birthday, then in that event she could face criminal charges.


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