age of consent

stevefisher

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Nov 9, 2012
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I know nothing about the Dominican Republic so I hope you can help me. My 25 year old son was there last summer. He me a girl and had a brief fling with her but stopped when he found out that she was only 17 years old. He kept in contact with her by email when he returned to the USA, and she pestered him to send him money. He did not send any money, and she stopped replying to his emails. My question is if she can cause any problems for him now. My son has a friend who is studying law, and he said that the age of consent is 18 in the DR and that a US citizen can get in trouble with the US law if he has sex for money (prostitution) with someone under the age of 16 in a foreign country. If it is not a case of prostitution then the age of consent is 16. He told my son that he should not have any problems with US law but should not return to the DR. I would appreciate your opinion on this.
 

Major448

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Sep 8, 2010
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Age of consent --- see link ---> Age of consent - Wikipedia, the free encyclopedia

Generally, a US citizen is not permitted to have sexual relations with someone under the age of 18 while he is outside of the US. This is true even if the local age of consent is lower than 18. There are "probably" some exceptions, but they would be very few....

The real risk is back in the US and according to US law. It is the US that more would likely prosecute (may want to stop discussing the details to minimize risk/legal exposure ....).

See IMPORTANT link ----> PROTECT Act of 2003 - Wikipedia, the free encyclopedia

Hope this answers your questions .... I also have sons!
 

spacer

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May 31, 2012
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Kind of complicated. Check out this link:

US Citizens Travelling Abroad -- Warning

Here is the authors summary:

Traveling to have sex with someone under 12: ILLEGAL
Traveling to have sex with someone between 12 and 16, and you are less than four years older: LEGAL if local provisions allow so
Traveling to have sex with someone between 12 and 16, and you are more than four years older: ILLEGAL
Traveling to have sex with someone 16 or over: Legal if local provisions allow so
 

Major448

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Sep 8, 2010
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Kind of complicated. Check out this link:

US Citizens Travelling Abroad -- Warning

Here is the authors summary:

Traveling to have sex with someone under 12: ILLEGAL
Traveling to have sex with someone between 12 and 16, and you are less than four years older: LEGAL if local provisions allow so
Traveling to have sex with someone between 12 and 16, and you are more than four years older: ILLEGAL
Traveling to have sex with someone 16 or over: Legal if local provisions allow so

Summaries are a very good starting point. I can appreciate that. But knowing what the law actually says might better keep one out of trouble (jail) ...

----------------------------------------------------

From the Protect Act of 2003:

"For the purposes of this law, illicit sexual conduct includes commercial sex with anyone under 18,[6] and non-commercial sex with persons under 16 when there is at least a four-year age difference or the person is under 12 years of age.[2][7][8][9] Previous US law was less strict, only punishing those having sex either in contravention of local laws OR in commerce (prostitution); but did not prohibit non-commercial sex with, for example, a 14 year-old if such sex was legal in the foreign territory."
 

spacer

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May 31, 2012
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Correct me if I am wrong but it seems like the Protect Act says that one can not have commercial sex with someone under age 18 but one can have non-commercial sex with someone 16 or over.
 

Major448

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Sep 8, 2010
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Correct me if I am wrong but it seems like the Protect Act says that one can not have commercial sex with someone under age 18 but one can have non-commercial sex with someone 16 or over.

.... when there is "less than" a four-year age difference between you.

Otherwise, check ID and make d$mn sure that they are over 18.
 

JuanDolioLiving

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Sep 7, 2010
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In this country is 18 no matter what because their parents can and will put your son in jail unless you pay a large sum of money if the girl parents find out.
 

f.borgia

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Oct 29, 2012
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well you are in the D.R if you are not a stupid looking gringo without balls nothing would happen.
 
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f.borgia

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Oct 29, 2012
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well derfish you are right .

but you know that the dominican republic is sometimes worser than sodom and gomorrha
 

Major448

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Sep 8, 2010
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In this country is 18 no matter what because their parents can and will put your son in jail unless you pay a large sum of money if the girl parents find out.

well you are in the D.R if you are not a stupid looking gringo without balls nothing would happen.

it is nothing special there that guys over 35 have chicks under 16 and no one cares.

if they see you are a pervert it is something different.

The OP and his son are in the US. I was pointing out US law (and potential US consequences) as it may apply to his "situation". Now, I can't say what could happen in the DR, under DR law ... if he returns to the DR (or continues his contact) But the potential consequences "in the US, under US law" are bad enough ....
 

Major448

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Sep 8, 2010
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But what you quoted was for sexual travel THose making the trip for sexual purposes, wasn't it? Maybe he wasn't coming here to find a child to molest, but just to vacation and while her met a babe as most of us do and followed thru etc..
er ish

NO. Travel really has little to do with it. It is about sex. It is similar to "statutory rape" laws in the US. I am making no moral judgment here. (I have traveled to quite a few countries.) Trying to find a "loophole" could end up in tragedy. And saying "I didn't know" won't protect you.

"Travel" is only relevant because the law is different "outside" the US for a US citizen ... than it is inside the US.
 

nas

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Jul 1, 2009
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What if the main point of the travel was not sexual but it just kinda happened once one was there?
Der Fish

If it is legal one pursues it; else, one should simply move on. Unless one is a pervert! :chinese:
 

spacer

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May 31, 2012
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Summaries are a very good starting point. I can appreciate that. But knowing what the law actually says might better keep one out of trouble (jail) ...

----------------------------------------------------

From the Protect Act of 2003:

"For the purposes of this law, illicit sexual conduct includes commercial sex with anyone under 18,[6] and non-commercial sex with persons under 16 when there is at least a four-year age difference or the person is under 12 years of age.[2][7][8][9] Previous US law was less strict, only punishing those having sex either in contravention of local laws OR in commerce (prostitution); but did not prohibit non-commercial sex with, for example, a 14 year-old if such sex was legal in the foreign territory."[/QUOTE

It seems like there is a difference of opinion here. I interpret the law as saying that one will not have any problems upon returning to the USA if they engage in non-commercial sex in a foreign country with someone 16 or over. We can argue about this forever. Does anyone have any first or second hand experiences which will shed light on this?
 

greydread

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Jan 3, 2007
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I know nothing about the Dominican Republic so I hope you can help me. My 25 year old son was there last summer. He me a girl and had a brief fling with her but stopped when he found out that she was only 17 years old. He kept in contact with her by email when he returned to the USA, and she pestered him to send him money. He did not send any money, and she stopped replying to his emails. My question is if she can cause any problems for him now. My son has a friend who is studying law, and he said that the age of consent is 18 in the DR and that a US citizen can get in trouble with the US law if he has sex for money (prostitution) with someone under the age of 16 in a foreign country. If it is not a case of prostitution then the age of consent is 16. He told my son that he should not have any problems with US law but should not return to the DR. I would appreciate your opinion on this.

See "Dominican Republic, suffrage".

Instruct him to forget about the Girl, do not return to the D.R. and get positive picture ID (cedula) to ensure the Girl is at least 18 years of age if he travels outside the United Stated and plans to bring his libido with him again or at least stay in a hotel which ID checks room guests.

https://www.cia.gov/library/publications/the-world-factbook/geos/dr.html
 
Feb 7, 2007
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.... when there is "less than" a four-year age difference between you.

Otherwise, check ID and make d$mn sure that they are over 18.

Read your own posting

From the Protect Act of 2003:

"For the purposes of this law, illicit sexual conduct includes commercial sex with anyone under 18,[6] and non-commercial sex with persons under 16 when there is at least a four-year age difference or the person is under 12 years of age.


ILLICIT IS:
1) commercial under 18
2) non-commercial under 16 w/ less than 4-year difference between the two
3) under 12 in all cases

It does NOT state that ILLICIT is NON-COMMERCIAL 16-to-18, which was the case for the OP.
 
Dec 26, 2011
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Never been with a girl under 23. Always liked them at least that old to much older. But for those that enjoy the younger crowd, never take a girl's(very young) word as to her age. Check ID. She doesn't have ID? A pretty good sign that she might be too young. If you've fallen in love, true love waits. If you just want to get laid, do so with one with ID.
 

Kipling333

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Jan 12, 2010
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The problem is that in this country there is no proper law of evidence ,,and the evidence that is presented againstyou is never properly tested in court ..so there are many false accusations that commence with the simple demand for money or the police will be called .That means that if you have simply picked upa girl , maybe kissed her and then rejected her advances,probably accompanied by a request for cash , she or her mother may start action..and an underage girl can not be questioned in a court ..so the odds are againstyou ..best to pay the standard 50,000 pesos and get your lawyer to make sure the mother of the girl signs the form that you did nothing
 

Major448

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Sep 8, 2010
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Spacer said:
It seems like there is a difference of opinion here. I interpret the law as saying that one will not have any problems upon returning to the USA if they engage in non-commercial sex in a foreign country with someone 16 or over.

Read your own posting

From the Protect Act of 2003:

"For the purposes of this law, illicit sexual conduct includes commercial sex with anyone under 18,[6] and non-commercial sex with persons under 16 when there is at least a four-year age difference or the person is under 12 years of age.


ILLICIT IS:
1) commercial under 18
2) non-commercial under 16 w/ less than 4-year difference between the two
3) under 12 in all cases

It does NOT state that ILLICIT is NON-COMMERCIAL 16-to-18, which was the case for the OP.

I re-read it. You and Spacer are correct. She was 17 in this case, not 16. So, I stand corrected.
 

spacer

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May 31, 2012
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The problem is that in this country there is no proper law of evidence ,,and the evidence that is presented againstyou is never properly tested in court ..so there are many false accusations that commence with the simple demand for money or the police will be called .That means that if you have simply picked upa girl , maybe kissed her and then rejected her advances,probably accompanied by a request for cash , she or her mother may start action..and an underage girl can not be questioned in a court ..so the odds are againstyou ..best to pay the standard 50,000 pesos and get your lawyer to make sure the mother of the girl signs the form that you did nothing

If one can get out of the country before any accusations are made, what is the worst that could happen? Can they make trouble for you back in the USA or can charges be waiting when you return to the DR? Assuming that the girl was over 16.
 

suarezn

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Feb 3, 2002
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Nothing will happen...Don't send her any money, break all contact with her...she's trying to extort money from him. If they were really going to do anything they would have gone to the police already... BTW even if she did go to the cops these things are negotiated in The DR. It would cost him about 5k USD...well maybe more being a foreigner.

Most guys I know offer to "marry" the girl, meaning they will spend a few bucks to rent a cheapo place, buy a bed and some pots and pans...bang the girl until they get tired of her and then throw her out. At that point they've "fulfilled their obligation" so nothing the family can do. Win/win for the guy...no jail, no payments and a girl to have as they wish...bad, but it is what it is...