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Old 08-01-2008, 07:11 AM
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Red face got questions

Hi
I have some questions that I am hoping someone can help with. My son recently turned 18. He is friends with a girl who is 16. He has known her through out his school years and they have stayed in touch. Here is the problem. The girl has been sneaking out of the house at night and my son has been picking her up at a store parking lot. I guess this has happened twice. The girls mother found out and came to my house to say she is pressing charges against my son because he is 18. What kind of charges can she pursue? We live in Ohio and the consent age here is 16. Not that they were having *** but I don't think she can charge him with that. Possibly contributing? Just trying to figure out what to prepare for here. It is sad that the mom was so upset, they have been friends for awhile. I understand the sneaking out part I would be mad at my daughter too but it seems that just because of my sons age, the anger is being placed on him and not the daughter who feels the need to sneak out. They say they came back to my house and watched movies but I was in bed and can't say if they did or didn't. Was just wondering what would happen if the mom did press charges and what they could be. How will my son be notified of the charges? With a court date? A warrant? an arrest? Just not sure how it all works and any insight would be appreciated. Thanks.
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Old 08-01-2008, 07:45 AM
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Originally Posted by chrissyred28 View Post
Hi
I have some questions that I am hoping someone can help with. My son recently turned 18. He is friends with a girl who is 16. He has known her through out his school years and they have stayed in touch. Here is the problem. The girl has been sneaking out of the house at night and my son has been picking her up at a store parking lot. I guess this has happened twice. The girls mother found out and came to my house to say she is pressing charges against my son because he is 18. What kind of charges can she pursue? We live in Ohio and the consent age here is 16. Not that they were having *** but I don't think she can charge him with that. Possibly contributing? Just trying to figure out what to prepare for here. It is sad that the mom was so upset, they have been friends for awhile. I understand the sneaking out part I would be mad at my daughter too but it seems that just because of my sons age, the anger is being placed on him and not the daughter who feels the need to sneak out. They say they came back to my house and watched movies but I was in bed and can't say if they did or didn't. Was just wondering what would happen if the mom did press charges and what they could be. How will my son be notified of the charges? With a court date? A warrant? an arrest? Just not sure how it all works and any insight would be appreciated. Thanks.

Some sources I consulted said that the age of consent in Ohio is 16, but another site says the law was invalidated. You need to consult with a local attorney for the most up to date laws. This site may help:
http://codes.ohio.gov/orc/2907


However, I would be concerned about contributing. While you state that she should be responsible too because it is her kid sneaking out, you forget one critical difference. An 18 year old "sneaking out" isn't illegal, a minor "sneaking out" could be. The law doesn't hold a 16 year old to the same standard that it does an 18 year old. This means, legally, your son is more responsible than this child. Unfair? Maybe, but that is how the law is.

I wouldn't sit and wait for a warrant, or for your son to be arrested, although my feeling is the mother is posturing----and rightly so. If your son wasn't waiting in a car ( contributing, perhaps) there would be no need for her to sneak out. Also, the fact that a minor aged child is in your home presumably behind closed doors with your adult son is cause for concern. I would make it a point to know who comes and goes in your house--so YOU cannot be held responsible.

If she files a police report, the police will investigate and will contact your son. However, in my state, she could simply go to the magistrate and sign a warrant for your arrest after providing probable cause for the judge. Then she acts as the plaintiff against you, the defendant. However, I am not certain that a crime has been committed , per the exact letter of the law. That doesn't mean that any of this late night meeting is a good idea in any regard.

My feeling is that this situation has the ability to literally blow up in everyones face. One of two things needs to happen: Either consult with an attorney who can give you blanket permission and reassurance that nothing here is actionable under the law, and then continue. Or, secondly, and my choice, respect the girls parents wishes and defer to them and wait until she turns 18 for late night meetings in parking lots.

Bottom line: if this girl is living at home and her parents don't want her to see your son for whatever reason, continuing to do so, even if it isn't illegal, is foolish and damaging. Putting a 16 year old in juxtaposition with her parents can have long term emotional and psychological effects. If he truly is her friend, and cares about her, hopefully, he will do what is best for her.

Good luck.
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Old 08-01-2008, 08:46 AM
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Red face

Thanks for the reply. As far as I know my son has not contacted her after the mother paid a visit and I have discouraged such contact. But with computers and texting I can't be 100% sure. What I am concerned with is if it does get labeled as contributing then what is my son looking at as far as punishment and then also how can I be in trouble if they were here at the house without my knowledge? I wasn't aware that could be a factor.
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Old 08-01-2008, 10:38 AM
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Originally Posted by chrissyred28 View Post
Thanks for the reply. As far as I know my son has not contacted her after the mother paid a visit and I have discouraged such contact. But with computers and texting I can't be 100% sure. What I am concerned with is if it does get labeled as contributing then what is my son looking at as far as punishment and then also how can I be in trouble if they were here at the house without my knowledge? I wasn't aware that could be a factor.
If you are the homeowner, it is, from a legal standpoint, your responsibility to know who what when and where that is happening in your house. Example: Lets say your son is growing pot on your property or in your house. This puts you at risk because it is YOUR property that can be seized. You have a legal duty to know what is happening in your house. If your son is having *** with a minor (Not saying he is, just giving an example) YOU could be held accountable for,in essence, allowing it to happen in your house. This doesn't mean you gave him permission---it just means you are responsible for what happens in your own house. I have a friend who, twenty years ago, smoked pot frequently. Although its been twenty years since he has done drugs (I know this because his job does regular drug testing) he still sees his "old" friends from time to time. Although his former "friends" may be nice folks, I made it clear if he comes to my house, he doesn't bring THEM to my home. From time to time, he takes one of my cars to car shows---and he does it alone--not with his 'friends'. One of them carrying pot in MY car makes ME liable--and I could lose my vehicle if they are using it.

I am not trying to sound critical, but I have seven kids and four of them are teenagers. I cannot imagine NOT knowing what is happening in your house. Last night my five year old jumped out of bed, and ran down the hall, apparently sleep walking--something he has never done before. In my own room, I woke up and stopped him mid way down the hall. He has no memory of it this morning. But, it is instinctive--his slippered feet hitting the floor, and the running of his little feet woke me instantly, even in another room. I know you don't need to do that with eighteen year olds, but if one of the children even gets up to go to the bathroom at night, I hear it. Guess what I am saying is---awareness of what is happening under your roof is critical.

That is how the law sees it, too----you don't have to baby sit an adult, but if he is doing illegal or questionable things in your house you could be found culpable.

Example: this week in our town, two generations of people were arrested for child neglect. A married couple were living with her parents. Animal control was sent to the house for possible animal neglect charges. But when the police got there, they found children that allegedly had been abused. The parents were arrested and the GRANDPARENTS that they were living with were arrested as well-----although they state they never harmed their grandchildren. However, it happened under their roof and they never did anything to stop it and were not unaware--and they are being held responsible, although not being charged as severely as the parents.


Now. A little tutorial about "endangering" charges. TYPICALLY ( most often, but not always) endangering charges dovetail with charges of other offenses----like if the child had been ten or eleven ( under sixteen ) and they had been engaged in s3xual contact, then he could be charged with those charges and then charged with endangering for allegedly engaging in reckless behavior that could or does bring harm to a child. In other words just a charge of endangering has to be proven by something reckless, like running from the police in a high speed chase with an infant in a car seat in the back. In your situation, your sons sitting in a parking lot isn't reckless---of course it is obvious why they were there and what they did or intended to do----but, the fact that s3xual contact could occur and LOOKS like it happened (parking lot, late at night) if there is no proof this contact happened and if she is of legal age of consent, a contributing charge by itself isn't usual.

Bottom line: unless the girl is a minor ( or under the age of consent ) and unless SHE did something illegal while with him and at his urging, he shouldn't be charged with contributing.
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