Can Parents Press Charges for Age of Consent Violations?

When a parent believes their child has been involved in an illegal sexual relationship, one of the first questions that comes up is: Can parents press charges for age of consent violations? This is a common and emotionally charged concern, especially when families are trying to protect a minor while also understanding how the law actually works.

To answer this clearly, it’s important to understand the difference between reporting a crime and pressing criminal charges, how age of consent laws operate, and what role parents play in the legal process. Questions like what is the age of consent in Colorado often lead parents to assume they have direct control over whether charges are filed—but the reality is more complex.

This guide explains the process in simple, professional terms.

What Does “Pressing Charges” Really Mean?

In everyday language, “pressing charges” usually means wanting someone to be criminally prosecuted. Legally, however, individuals do not press criminal charges—the government does.

Here’s how it works:

• Parents or individuals report an incident

• Law enforcement investigates

• A prosecutor (district attorney) decides whether to file charges

Criminal cases are considered offenses against the state, not just against a person or family. That’s why the final decision does not belong to parents, even when the alleged victim is their child.

Who Has the Legal Authority to Press Charges?

Only a state prosecutor or district attorney has the legal authority to file criminal charges for age of consent violations, including statutory sexual offenses.

Parents cannot:

• File criminal charges on their own

• Force a prosecutor to bring a case

• Drop charges once the state files them

Parents can:

• Report the alleged violation

• Provide evidence and statements

• Cooperate with investigators

• Advocate for their child during the process

The prosecutor reviews all available facts before deciding whether charges are appropriate.

Can Parents Report an Age of Consent Violation?

Yes. Parents play an important role at the reporting and investigation stage.

Parents may:

• File a police report

• Contact local law enforcement

• Speak with school officials or counselors

• Report concerns to child protective services (in certain cases)

Once a report is made, law enforcement evaluates whether there is probable cause to open an investigation. If evidence supports a potential crime, the case is forwarded to the prosecutor.

Does the Minor’s Willingness Matter?

This is one of the most misunderstood parts of age of consent law.

In many cases, a minor’s agreement or willingness does not count as legal consent. That is the entire purpose of age of consent statutes—to protect minors from relationships the law considers exploitative due to age or power imbalance.

Key points:

• A minor may believe the relationship is voluntary

• Parents may or may not approve of the relationship

• Neither the minor’s consent nor parental approval overrides the law

If the relationship violates age of consent laws, it may still be considered a criminal offense regardless of how the minor feels.

When Are Charges More Likely to Be Filed?

Not every reported case results in criminal charges. Prosecutors consider multiple factors, including:

• Ages of both individuals

• The age difference between them

• Whether force, coercion, or manipulation was involved

• Use of authority or trust (teacher, coach, employer, guardian)

• Physical or digital evidence

• Prior criminal history of the accused

In some states, close-in-age or “Romeo and Juliet” exceptions may apply, reducing or eliminating criminal liability when both individuals are close in age. These exceptions vary by state and situation.

Can Parents Stop Charges Once a Case Begins?

In most cases, no.

Once a prosecutor files charges, the case belongs to the state. Parents cannot:

• Withdraw charges

• Demand the case be dismissed

• Privately settle the matter to end prosecution

However, parental cooperation—or lack of it—can influence how a case proceeds. While prosecutors do not rely solely on parental wishes, the availability of evidence and witnesses often affects outcomes.

What If the Minor Turns 18 Later?

Parents often ask whether they can press charges once their child becomes an adult.

Important considerations:

• Criminal statutes of limitations may apply

• The state may still prosecute if the alleged offense occurred while the person was a minor

• The now-adult individual may report the incident themselves

Turning 18 does not automatically eliminate or create criminal liability. Timing and evidence matter.

Civil Actions Parents May Take Instead

Even when criminal charges are not filed, parents may have civil or protective options, such as:

• Filing for a restraining or protection order

• Pursuing a civil lawsuit for damages (depending on state law)

• Working with family courts or juvenile courts

• Seeking counseling or intervention services

Civil actions are separate from criminal cases and have different standards of proof.

What Happens to the Accused If Charges Are Filed?

Age of consent violations can carry serious consequences, which may include:

• Arrest and criminal prosecution

• Felony or misdemeanor charges

• Jail or prison time

• Probation

• Mandatory counseling or treatment

• Sex offender registration in some cases

Because of these long-term impacts, anyone accused of an age-related sexual offense should seek legal counsel immediately.

Why Age of Consent Laws Vary by State

Age of consent laws are state-specific, meaning:

• The legal age varies across states

• Exceptions and defenses differ

• Penalties are not uniform nationwide

This is why general online advice can be misleading. What is legal in one state may be a serious crime in another.

When Should Parents or the Accused Speak to a Lawyer?

Legal guidance is strongly recommended when:

• Law enforcement contacts a parent or child

• An investigation involves a minor

• A school or third party reports an incident

• Charges are threatened or filed

• Digital evidence (texts, photos, social media) is involved

Early legal advice helps protect rights, clarify options, and avoid costly mistakes.

Frequently Asked Questions

Can parents press charges if their child agreed to the relationship?

No. Parents cannot press criminal charges. A prosecutor decides whether the law was violated, regardless of the minor’s agreement.

Does parental consent make a relationship legal?

No. Parental approval does not override age of consent laws.

Can charges be filed without parents reporting the incident?

Yes. Schools, doctors, counselors, or the minor themselves may report suspected violations under mandatory reporting laws.

Can parents drop charges later?

No. Once filed, criminal charges are controlled by the prosecutor, not the family.

Final Thoughts

Parents cannot directly press charges for age of consent violations, but they play a crucial role in reporting concerns and protecting their child’s well-being. The decision to prosecute rests with the state, based on evidence, age differences, and applicable laws.

Because age of consent cases involve serious legal and personal consequences for everyone involved, understanding the process—and seeking professional legal guidance when needed—is essential.

This article is for informational purposes only and does not constitute legal advice.