Legal Question in Military Law in Washington

age of consent

my boyfriend is in the army hes 25 and i am 16. even though im of the age of consent is it still illegal to date/have sex with him? i heard its the minor who is of the age of consent can only date someone if they are 2 years older than them at the most. also, his room mate found out about us and threatned to turn him in. the only proof she has is a picture where i am fully dressed and hes not wearing a shirt and we're on what looks like a bed. if she were to turn that in would that be enough to get him in trouble?


Asked on 1/02/08, 3:10 pm

1 Answer from Attorneys

Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: age of consent

I do not know what the age of consent for sexual intercourse is where you are currently living. However, if it is 16, and you are above the age of 16, then there is no crime that can be reported to anyone.

My concern is more practical. Where you are 16 and your boyfriend 25, the nine year difference in age suggests an exploitative basis for the relationship rather than one of pure affection. I would suggest you speak to your parents and to others whose opinion you value, about this part of the question.

With respect to the photo, the photo is evidence of what it shows. If the room mate knows that you are having sex, and has seen or heard that, then she could conceivably testify to that fact. But, again, without a violation of the consent statute, there might not be any crime.

I would suggest you consult an attorney in Washington and determine what the age of consent is. If there is a legal problem here, it belongs to your boyfriend as the law would view you (if underage) as the victim.

Keep in mind that the Army may have regulations that prohibit your relationship, and I do not know if that's the case. If so, your boyfriend could possibly face charges under the UCMJ.

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Answered on 1/02/08, 3:17 pm


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