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In additon to the usual reasons that teens should be educated about the consequences of sexual activity, parents need to know and explain to their children that sexual activity with persons under a certain age are illegal, and can lead to severe, lifelong consequences.

Parents, you need to read this!

If your child is in middle school, recent national studies have revealed that it is likely he or she is engaging in some sort of sexual activity. The range of sexual activity that is made criminal by the Virginia state code is extensive, and includes consensual and non-consensual sex acts by teenagers. Regardless of a child's willingness to participate in sex acts with another child, the potential for criminal prosecution is real, and the punishment harsh. For instance, statutory rape is defined in Virginia thusly:

"If any person has sexual intercourse with a * * * with a child under age 13 as the victim, he or she shall be guilty of rape."

In Virginia, and many other states, the law presumes that children of a certain age lack the sufficient mental capacity to consent to sexual acts. This is known as "statutory rape." In Virginia, the age of consent is 13 years, but in some states the age of consent is higher. A child over the age of 12 can be prosecuted for statutory rape. The consequences of a conviction for statutory rape are severe, and life-changing.

For instance, the person convicted will likely have to register as a sex offender. Virginia, and most states, have their sex offender registries accessible over the Internet so that anyone interested can find out if a prospective sweetheart, neighbor, friend, or potential employee is on the list. Presently, the law affords little or no hope to one so registered of coming off the list. It is a lifetime "scarlet letter."

In addition, the range of prison time that may be imposed upon a person convicted is from 5 years to life or, under certain circumstances, a mandatory minimum sentence of 25 years.

Recently, four boys -- 17 and 18 years old at the time -- were sentenced as adults to serve 12 years in prison by a Henrico County, Virginia judge for having sexual relations with a 12 year old girl whom they said they thought was 16 years old. Lawyers for the four boys pleaded with the judge for leniency, citing such reasons as the fact that in today's society, teenagers get "mixed signals" about the propriety of certain sexual conduct. While this may be true, it is no excuse so far as the law is concerned.

In addition, because rape is a felony, there is no statute of limitation and a charge may be brought even if the incident occurred many years before.

Therefore, to prevent this from happening to your child, consider sitting down with your children when they reach an age of sexual physical development --- especially boys before they reach 13 --- and explain to them that in addition to other reasons you may give them to refrain from engaging in sexual activity, they could end up ruining their lives if the conduct is criminal.

Mr. Stelly regularly appears in the courts of the City of Richmond, Henrico County, Chesterfield County, Goochland County, and Hanover County.

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