Question: Hello, i'm 18 and my girlfriend is 15, and i was wodnering if it was still considerd statutory rape if we got married when she turned 16 with parents permission. Thank you for your time.
Answer: See question #23804 about marriage before your girlfriend is 18. If you legally marry your girlfriend (i.e. she gets approval from a superior court judge in the state if she is under 16 and her parents provide consent), your status as "her husband" would be a legal defense to "statutory rape charges" assuming that:
- the sexual activity complained of was between you and her;
- the sexual activity complained of was consensual; and:
- the consensual sexual activity occurred during the marriage.
(Note: Sexual conduct with a minor that occurred prior to marrying the minor is still fair game for the state to prosecute).
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