If my ex-girlfriend and I dated for about 6 months and she was 18 and I was 21, was having sexual activity legal?

We never had intercourse but we did go up to oral sex. When our relationship became shaky I told her to break up with me but she didnt want to. Then her mom found out about what we did. Can her mom sue me? What would potential impact on me and my family? I am a green card holder (permanent resident)

Asked on July 25, 2014 under Criminal Law, New York


Richard Southard / Law Office of Richard Southard

Answered 6 years ago | Contributor

The age of consent is NOT 16 in New York for others reading the answers here.  It is 17!  Since you were both 17 years of age you are free to consensually do whatever you want with one another. 

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

Answered 6 years ago | Contributor

Since your girlfriend was at the time over the "age of consent", that is over 16 (17 in some states), then you're having engaged in sexual activity was not illegal; in fact you did not have intercourse. So there is nothing that your ex-girlfriend's mother can do to you, either in civil or criminal court. Also, this should have no impact on you as a green card holder. As for your family, if you're married and this woman tells your wife, well what happens then is up to your wife.

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