Is it sexual assault if an 18 year old had sexual intercourse with a 16 year old?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is it sexual assault if an 18 year old had sexual intercourse with a 16 year old?
In HI
Asked on December 2, 2011 under Criminal Law, Hawaii
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
In HI, any individual who is 5 years older than the minor could potentially face criminal charges. First-degree sexual assault is any sexual act with another person under the age of 14. It is also considered first-degree sexual assault when an individual 5 years older than a 14-15 year old engages in sexual relations with the individual between the ages of 14-15.
Either way, under no circumstnce is a 16 year old and 18 year old having sexual relations illegal. Assuming of course that it is consensual.
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Depending upon the circumstances sexual intercourse between an 18 year old adult and a 16 year old minor could be deemed a sexual battery, but typically the term would be "stautory rape". The reason is that minors under the law are deemed incapable of consenting to many things because they are under age.
Assault is a different matter. Assault is the reasonable belief that a harmful or offense touching to a particular person would happen. An example would be if a person stated in anger he was going to strike you and threw a punch but missed striking you. Had the thrown punch hit the victim, the striking would be called a "battery".
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.