Dating law offender sex
There are different rules when one of the people involved is in a ‘position of trust’ with the other person.
For example, a teacher is breaking the law if they have sex with one of their students, even if they’re over the age of consent (16) but under 18.
In a case appealed from my court, the COA had no trouble agreeing that the mother’s remarriage to a registered sex offender who had been convicted of statutory rape of a 15-year-old was a material change that had an adverse effect on the parties’ five-year-old daughter, so that the best interest of the child should be examined. The restrictions imposed on a sex offender by statute may also seriously impact other decisions affecting the parent-child relationship.
In a case where the father, for instance, has been guilty of a sexual offense requiring registration that does not involve any of the children of the marriage, his or her contact with the children will be affacted by at least these restrictions: Experts in custody proceedings have opined about the dangers of recidivism applicable to various sexual offenses.
In the statutory rape case I had, an expert testified that the danger of a repeat offense was low for that particular crime. The test for modification is like a three-legged stool; if one leg is removed or missing, the stool falls. we further hold that when the environment provided by the custodial parent is found to be adverse to the child’s best interest, and that the circumstances of the non-custodial parent have changed that he or she is able to provide an environment more suitable than that of the custodial parent, the chancellor may modify custody accordingly.” The court in added: “We further hold that where a child living in a custodial environment clearly adverse to the child’s best interest, somehow appears to remain unscarred by his or her surroundings, the chancellor is not precluded from removing the child for placement in a healthier environment.
The Mississippi Legislature, however, has made an affirmative finding in MCA § 45-33-21, which states, “The Legislature finds that and the protection of the public from these offenders is of paramount concern and interest to the government.” The statement is not dispositive of the issue in and of itself, but it does provide a starting point. If one prongs of the test is removed or missing, the case falls. * * * A child’s resilience and ability to cope with difficult circumstances should not serve to shackle the child to an unhealthy home, especially when a healthier one beckons.” does not mandate that dangerous or illegal behavior be present in order to modify custody, and a chancellor is not required to wait until a child’s safety is in question before removing him or her from an obviously detrimental environment.
If you’re under 13 and you’re having sex, or thinking about having sex, please go to Childline for confidential advice and support.
Sex offender status has been found by the appellate courts to have a significant bearing on custody proceedings. The children at issue in the modification case were teenagers.
There were other facts that supported the modification. Where the parent has been guilty of sexual abuse of one or more of the children of the marriage, that conduct is a basis for termination of parental rights under MCA § 93-15-103(3)(c), or (f), or (g), or 93-15-103(5).
No matter how relaxed they are about your sex life, it’s still illegal to have sexual contact with someone under 16.
If one or both of you is underage but you’re respecting the law and not doing sexual stuff you don’t need to stress.
It is well to bear in mind the basic law of custody and custody modification when considering how to deal with the involvement of a sex offender in a custody action. There is a three-prong test for modification: a substantial change in circumstances of the custodial parent since the original custody decree; the substantial change’s adverse impact on the welfare of the child; and the necessity of custody modification for the best interest of the child.