united-states european-union sexual-offences
Is it a sexual offence for a 53-year-old to have sex with a nine-year-old, even if they are purportedly married?
<p>The facts:</p>
<ul>
<li>a 53-year-old is purportedly married to a 9-year-old and intercourse is happening</li>
<li>neither of the purported spouses, their parents, nor their acquaintances have expressed any complaints about the situation</li>
<li>the two purported spouses are citizens of a country in Asia but live in either North America or the EU permanently.</li>
</ul>
<p>According to North American, British or EU law, is the 53-year-old committing a sexual offence?</p>

<p>There is no such thing as &quot;EU&quot; law. Each member state has their own laws.</p>
<p>In <a href="/questions/tagged/germany" class="post-tag" title="show questions tagged &#39;germany&#39;" aria-label="show questions tagged &#39;germany&#39;" rel="tag" aria-labelledby="germany-container">germany</a> it is not forbidden to live together. The marriage certainly would not be legal here and I highly doubt the marriage would be recognized here if legalized somewhere else.</p>
<p>But let's for the sake of the argument assume it would be. As soon as it gets into territory that marriage is made for, it would be highly illegal. Moving to a different country from Asia, the minor is highly dependent on their adult spouse for basically everything. Starting with mandatory health insurance, where you literally have to check the box &quot;a dependent of the adult&quot; in the adults insurance, to basic needs such as food, shelter, clothes, paying for school materials. Even in theory, with school being mandatory and laws against child labor, there is no way the child would not be depending on that adult.</p>
<blockquote>
<p>§ 174 Abs. 1 StGB
Sex mit Schutzbefohlenen (Personen unter 16 Jahren, die
jemandem zur Erziehung, Ausbildung oder zur Betreuung in
der Lebensführung anvertraut sind bzw. leibliche oder angenommene Kinder unter 18 Jahren) und Sex unter Missbrauch
eines Abhängigkeitsverhältnisses ist verboten und wird mit
Freiheitsstrafe bis zu 5 Jahren bestraft.</p>
</blockquote>
<p>Translation:</p>
<blockquote>
<p>Sex with a protected person (a person under the age of 16 who is
entrusted to someone for upbringing, education or
persons under the age of 16 who are entrusted to the care of someone for upbringing, education, or life care, or natural or adopted children under the age of 18) and sex in abuse of a relationship of dependence in general is prohibited and is punishable by imprisonment for up to 5 years.</p>
</blockquote>
<p>That is if they <em>agreed</em>.</p>
<p>If they <em>don't</em>, it's rape, plain and simple, regardless of marital status or other relationship and will, depending on circumstances, net you something between the 5 years above up to 15 years in prison. The difference between raping a spouse and raping someone outside of marriage has been abolished in 1997.</p>

<p>Based on the question before edits: I assume the wedding was done in Asia. For example, after the girls parents died, a good family friend decided to look after her, found it very difficult to legally adopt her and surprisingly found he could marry her. With the intention that she would be looked after, could go to school, live in comfort, and inherit should he die.</p>
<p>Most likely the marriage wouldn’t be legally acknowledged in the USA. It is entirely possible for these two people to live in the same home without a crime happening, that’s what happens in most homes after all. A marriage in another country that isn’t acknowledged is not a crime, nor is living in the same house.</p>
<p>PS. Hours later the poster adds that something happened that would be a crime… Why couldn’t you post that first?</p>

<p>Just to add to nvoigts answer:
It would be illegal in Germany to have sex with a person under 14 (the age of consent) anyway, regardless if it's a protected person.
Technically even two 13 year olds having sex would be illegal, though the age of criminal responsibility is also 14, so they couldn't held responsible for the act.</p>
