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Are these acts considered sex??

Tagged as: Big Questions, Sex, Teenage<< Previous question   Next question >>
Question - (21 February 2008) 6 Answers - (Newest, 26 February 2008)
A male United States age 36-40, *nteratownrisk writes:

What is considered "sex"? For instance if the Male and female are in the US but the male is 18 and the female is 17 and the female gives, for lack of better words a "hand job" would that be illegal and considered "Sex"? and the 2nd question would be: If the male "fingers" the woman.

Would this be considered illegal due to the male being 18 and the female being 17? Also would these two acts be considered sex?

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A female reader, findingme67 United States +, writes (26 February 2008):

findingme67 agony auntas long as it's a three years difference, it's okay. Jamie lyn spears got pregnant with a nineteen year old and she is sixteen. By law, the guy did not go to jail.

you're fine, don't worry about it =)

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A male reader, Danielepew Mexico +, writes (22 February 2008):

Danielepew agony auntI assume that even legislators are aware that it's only too often that a couple of teenagers has sex. I don't remember where, but I have the hunch that somewhere I read that in some states (maybe California) they don't apply the statutory rape or whatever when both parties are underage, or when there is a difference of less than three years between them. Maybe this is your case. Also, perhaps they wouldn't enforce any laws for anything that happened when you were not yet an adult, in legal terms. I'm sorry that I can't give you a definite answer, because I don't know what Californian law states in this particular and I don't live in the US. It seems you're talking about regular sexual practices which the girl is doing willingly. However, I would recommend that you stay on the safe side. You're an adult now. Take the cold shower good rythmandblues suggested :-). She will be 18 soon, I guess. I think it would be very wise to wait.

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A male reader, enteratownrisk United States +, writes (22 February 2008):

enteratownrisk is verified as being by the original poster of the question

to throw a few more variables in ( might not make a difference) What if the female and male were 17 when they first started doing these activities? also just incase any of you can inform me...since this is CA I am talking about would that clear anything up being that the law differs state to state?(((what is the law out her as far as being able to consent with the age difference? and legalities)))

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A female reader, findingme67 United States +, writes (21 February 2008):

findingme67 agony auntNo, "hand jobs" are not considered sex. I would also not consider "blow jobs" to be sex either. However, if you were to do these things with a minor, you would get into trouble since they are sexual activities.

In this case where there is only one year difference in age, I would not say that the 18 year old would be doing anyting illegal. I know in certain sates there is a three years difference allowed before it is considered illegal.

Although doing anything sexual with a minor is frowned upon, the instense you wrote would not be agaisnt the law in any way.

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A reader, anonymous, writes (21 February 2008):

What you are referring to is sexual in nature, penetration of any kind, sexual fondling all fall under sexual acts, and depending on the state you live in, if the girl is underage and someone wanted to prosecute you for statuatory rape they could, even if the girl consented, as legally the older person is the adult who is to practice self control and have the best interests of the minor at heart and is supposed to control the situation so no harm comes to the minor, in this instance possible sexual molestation......Just go take a cold shower and think about some other hobby....(tongue in cheek) and be a patient man.

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A male reader, Danielepew Mexico +, writes (21 February 2008):

Danielepew agony auntNow this is an interesting post. I don't really know what would happen in this case, as she is 17 and you're 18. However, it seems to me that an adult who fingered a minor, and who was masturbated by this minor could be prosecuted. This is a grey area, I guess. At least where I live, minors are always minors, so it's legally (if not morally) the same thing to do this to a 17 year old and to a 13 year old.

It's also a grey area because some people would think that masturbation is not sex in itself, while others would say that it is. The same is true about fingering.

In my opinion, they are both acts of a sexual nature, and I would hold the male in question responsible, even in this gray area, because if I didn't the courts would be flooded with people who would claim they didn't have sex with a 12 year old, if you understand what I mean.

Just to illustrate the point, I'm sure you remember the case of a well-known man who claimed oral sex was not real sex. If I'm not mistaken, this person also claimed that he wasn't having sex, in any case, even if the other person was having it. He questioned the meaning of "is". And then cigar sex was not sex, in his opinion. I remember the female in question was already an adult, but the point here is to show that you need to draw a line somewhere.

Perhaps you should ask an attorney. I understand that the age of consent is different from state to state.

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