How Does Emancipation Affect Statutory Rape Laws?
Full Question:
Answer:
An emancipated child is considered an adult and no longer under the custody or care of either parent. A parent no longer is under a duty to support an emancipated child and generally won't be responsible for the acts of the child any longer. However, a parent may still be liable under contract principals, such as when a joint owner/cosigner/guarantor relationship is created.
Despite all of these newfound rights and responsibilities, some restrictions don't change even when a teen becomes emancipated. Certain laws that apply to minors continue to apply to emancipated teens. Compulsory education laws often require minors to stay in school until they graduate or reach the age of eighteen. Labor laws and work permit rules still apply, requiring that income come from a legal source and limiting the total hours a teen can work. Sexual intercourse with a minor is still considered statutory rape, unless the teen is married and having intercourse with his spouse. Similarly, minors, including emancipated minors, are prohibited from drinking alcohol until age 21 and voting until age 18.
Please see the following LA statute:
Art. 366. Emancipation by notarial act
The minor, although not married, may be emancipated by his father or,
upon the death of the father, by his mother or, in the event of divorce or
separation from bed and board, by the natural tutor or cotutors acting
jointly, when he shall have arrived at the full age of fifteen years.
This emancipation takes place by the declaration to that effect
of the father, the mother, or both, before a notary public in the
presence of two witnesses.