Need legal advice on statutory rape

[Automaggin2]

LET ME CLEAR THIS UP FIRST. THIS IS NOT FOR ME, IT IS FOR A FRIEND WHO CANNOT AFFORD A LAWYER. IF YOU WANT TO BELIEVE I AM THE ONE GETTING CHARGED, THEN FINE. I BELIEVE I AM A RESPECTED ENOUGH ON THESE FORUMS THAT PEOPLE WILL BELIEVE ME.





A friend of mine had sex with a 15 year old girl when he was 19 years of age. The girls parents found out, and are trying to press charges. My friend has spoken to the detectives and has pleaded the 5th until we can do more research into the subject. I was researching the stat. rape laws of new jersey, and here is what I found.



New Jersey
Age of Consent: 16
Minimum Age of Victim: 13
Age differential between the victim and defendant (If victim is above minimum age of 13): 4


Now, I don't really understand this. He was 4 years apart, and it says the age differential is 4 years if vicitim is over the age of 13. Does this mean my friend is in the clear? The detectives are saying he is facing 5-10 years in prison. For one thing, they cannot prove he had sex with her, they have absolutley NO DNA evidence. I do not know if they have any documentation, such as text messages and emails from him to her. Why are they pursuing him as a sex offender if he has met all requirements. The girl is about to turn 16, and he has been seeing her for about 8 months.

[Lohman446]

Under the statute (I glanced, not fully reading it, don't have a ton of time) it appears the age of consent is 16. It is a criminal charge, he is entitled to a lawyer. Tell him do not cooperate, do not open his mouth, and ask for a lawyer. Under criminal charges, once arrested, the court must provide you a public defender if you cannot afford a lawyer. He has committed a crime, regardless of "lack of evidence" that you may think I have a feeling there is plenty there to prove it. Get a lawyer, and negotiate a plee - chances are he's going to spend some time (I doubt 5-10 years, more likely months) in jail/prison for it and be added to the sexual offender list. Now, I have offered you my opinion only, it is not advice, I am not a lawyer and cannot offer legal advice. Seems how I have been helpful, let me be the first to say - he deserves what he gets. The reason for age of consent is not physical capability, but the danger of an older person using there age to influence a mental decision on someone who is, legally, a child. Its the reason I don't date people who are even 18 - the fact of the matter is the age difference in many cases, this one included, gives your friend a moral, and legal in this case, obligation to be the adult when a child is involved and recognize that they should not be put into a position of saying no to sexual relations... somehow I doubt this girl initiated the events.

Edit: on glancing, your four year age difference matters on aggravated sexual assault, but there is no such clause on sexual assault.

2C:14-1. Definitions
2C:14-1. Definitions. The following definitions apply to this chapter:
a. "Actor" means a person accused of an offense proscribed under this act;
b. "Victim" means a person alleging to have been subjected to offenses proscribed by this act;
c. "Sexual penetration" means vaginal intercourse, cunnilingus, fellatio or anal intercourse between persons or insertion of the hand, finger or object into the anus or vagina either by the actor or upon the actor's instruction. The depth of insertion shall not be relevant as to the question of commission of the crime;
d. "Sexual contact" means an intentional touching by the victim or actor, either directly or through clothing, of the victim's or actor's intimate parts for the purpose of degrading or humiliating the victim or sexually arousing or sexually gratifying the actor. Sexual contact of the actor with himself must be in view of the victim whom the actor knows to be present;
e. "Intimate parts" means the following body parts: sexual organs, genital area, anal area, inner thigh, groin, buttock or breast of a person;
f. "Severe personal injury" means severe bodily injury, disfigurement, disease, incapacitating mental anguish or chronic pain;
g. "Physically helpless" means that condition in which a person is unconscious or is physically unable to flee or is physically unable to communicate unwillingness to act;
h. "Mentally defective" means that condition in which a person suffers from a mental disease or defect which renders that person temporarily or permanently incapable of understanding the nature of his conduct, including, but not limited to, being incapable of providing consent;
i. "Mentally incapacitated" means that condition in which a person is rendered temporarily incapable of understanding or controlling his conduct due to the influence of a narcotic, anesthetic, intoxicant, or other substance administered to that person without his prior knowledge or consent, or due to any other act committed upon that person which rendered that person incapable of appraising or controlling his conduct;
j. "Coercion" as used in this chapter shall refer to those acts which are defined as criminal coercion in section 2C:13-5(1), (2), (3), (4), (6) and (7).

Amended 1983, c.249, s.1; 1989,c.228,s.2.

2C:14-2 Sexual assault

2C:14-2. Sexual assault. a. An actor is guilty of aggravated sexual assault if he commits an act of sexual penetration with another person under any one of the following circumstances:

(1) The victim is less than 13 years old;

(2) The victim is at least 13 but less than 16 years old; and

(a) The actor is related to the victim by blood or affinity to the third degree, or

(b) The actor has supervisory or disciplinary power over the victim by virtue of the actor's legal, professional, or occupational status, or

(c) The actor is a foster parent, a guardian, or stands in loco parentis within the household;

(3) The act is committed during the commission, or attempted commission, whether alone or with one or more other persons, of robbery, kidnapping, homicide, aggravated assault on another, burglary, arson or criminal escape;

(4) The actor is armed with a weapon or any object fashioned in such a manner as to lead the victim to reasonably believe it to be a weapon and threatens by word or gesture to use the weapon or object;

(5) The actor is aided or abetted by one or more other persons and the actor uses physical force or coercion;

(6) The actor uses physical force or coercion and severe personal injury is sustained by the victim;

(7) The victim is one whom the actor knew or should have known was physically helpless, mentally defective or mentally incapacitated.

Aggravated sexual assault is a crime of the first degree.

b. An actor is guilty of sexual assault if he commits an act of sexual contact with a victim who is less than 13 years old and the actor is at least four years older than the victim.

c. An actor is guilty of sexual assault if he commits an act of sexual penetration with another person under any one of the following circumstances:

(1) The actor uses physical force or coercion, but the victim does not sustain severe personal injury;

(2) The victim is on probation or parole, or is detained in a hospital, prison or other institution and the actor has supervisory or disciplinary power over the victim by virtue of the actor's legal, professional or occupational status;

(3) The victim is at least 16 but less than 18 years old and:

(a) The actor is related to the victim by blood or affinity to the third degree; or

(b) The actor has supervisory or disciplinary power over the victim; or

(c) The actor is a foster parent, a guardian, or stands in loco parentis within the household;

(4) The victim is at least 13 but less than 16 years old and the actor is at least four years older than the victim.

Sexual assault is a crime of the second degree.

Amended amended 1979, c.178, s.26; 1983, c.249, s.2; 1989, c.228, s.3; 1997, c.194, s.1.



2C:14-3 Aggravated criminal sexual contact; criminal sexual contact

a. An actor is guilty of aggravated criminal sexual contact if he commits an act of sexual contact with the victim under any of the circumstances set forth in 2C:14-2a. (2) through(7).

Aggravated criminal sexual contact is a crime of the third degree.

b. An actor is guilty of criminal sexual contact if he commits an act of sexual contact with the victim under any of the circumstances set forth in section 2C:14-2c. (1) through(4).

Criminal sexual contact is a crime of the fourth degree.

Amended 1979, c.178, s.27; 1997, c.194, s.2.



2C:14-4. Lewdness

2C:14-4. Lewdness.

a. A person commits a disorderly persons offense if he does any flagrantly lewd and offensive act which he knows or reasonably expects is likely to be observed by other nonconsenting persons who would be affronted or alarmed.

b. A person commits a crime of the fourth degree if:



(1) He exposes his intimate parts for the purpose of arousing or gratifying the sexual desire of the actor or of any other person under circumstances where the actor knows or reasonably expects he is likely to be observed by a child who is less than 13 years of age where the actor is at least four years older than the child.

(2) He exposes his intimate parts for the purpose of arousing or gratifying the sexual desire of the actor or of any other person under circumstances where the actor knows or reasonably expects he is likely to be observed by a person who because of mental disease or defect is unable to understand the sexual nature of the actor's conduct.

c. As used in this section:



"lewd acts" shall include the exposing of the genitals for the purpose of arousing or gratifying the sexual desire of the actor or of any other person.

Amended 1992,c.8,s.1.



2C:14-5. Provisions generally applicable to Chapter 14

a. The prosecutor shall not be required to offer proof that the victim resisted, or resisted to the utmost, or reasonably resisted the sexual assault in any offense proscribed by this chapter.

b. No actor shall be presumed to be incapable of committing a crime under this chapter because of age or impotency or marriage to the victim.

c. It shall be no defense to a prosecution for a crime under this chapter that the actor believed the victim to be above the age stated for the offense, even if such a mistaken belief was reasonable.

L.1978, c. 95, s. 2C:14-5, eff. Sept. 1, 1979.



07-2000 New Source: U.S. statutory rape laws is published on the Web by the National
Clearinghouse on Child Abuse and Neglect Information. The booklet, which
requires Adobe Acrobat to read, is located at:

http://www.calib.com/nccanch/pubs/99statutes/35-SexualOffenses.PDF

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[MarkM]

Ok having a very basic knowledge of your legal system, if in this case and if your friend stuck to the 5th...it is the same as saying he did it, regardless of evidence..in this case alone not for other offences.
If I was the judge it came up in front of I would say guilty. Now if your law allows for the parents to file and press charges then he is done for as the 5th will not save him it will actually sink him. His only chance is the apparent loophole of the age difference as you have found. Loopholes are in many things and to be honest one like this should be closed but if it is still current then he should sail through.
I do have to ask though, why your friend was with a child? Does he not have friends of his own age? Later in life that age difference narrows but at these ages it is like a yound adult seeing a schoolchild...these terms would be correct in my country as 18 is the voting and drinking age. Sure I realise that 15yr olds are getting older looking/acting all the time so much so that in a lot of cases childhoods are being lost. But unless your friend is socially immature he should never have been seeing such a young child. Age of consent is there for a reason, there are no special circumstances.
Put yourself in the shoes of the parents, would you allow your 15yr old daughter to see a 19yr old and not worry? This may sound as if I am trying to shift blame to the parents but even so think about the answer you would give as a parent. Now they are doing what they should have done in the beggining and stop the relationship unfortunately the law has become involved.

In regard to the possible flaming that may occur in this thread....I will delete any replys that do this. The question is a moral one but still not a subject for flames IMHO. Sensibly and well constructed negative comments will be allowed but think before any of you hit the Submit Reply button...I will be watching.

[Automaggin2]

One thing is, the girl said she was older then 15, but again, he can't prove it.

[Lohman446]

Pleeing the 5th is not grounds for finding guilt and, in a legal sense, cannot be part of the decision of guilt or innocence. Thats an ideal world, pleeing the fifth always makes you look guilty and the judge or jury are human and will likely take it into account, even if they are not supposed to legally.

Edit: do not say "but she said she was XX before we engaged in activity"... because guess who is responsible for making reasonable assurance she was of legal age. Its not her.

[Thordic]

Pretty sure he's screwed. Tell him to get a lawyer, if he can't afford one, the state must provide one. Even a crappy public defender is better than nothing.

If the only "proof" they had sex is her word against his, then I'd go for not guilty. Say you never had sex. Lie out your *** to save your butt.

If they can probably prove he had sex with her, he's prolly gonna have to cop a plea. It's not like the guy is a child molester or anything, in the eyes of most people, so he should be able to get some sort of a break.

But he better get a public defender at the very least.

[lord1234]

yea, he needs a lawyer definiely. the age differential only comes into play once the girl has turn 16, IE if she turned 16 and he was 20 it was ok...or 17 and 21 18+ no limits...

Your friend will most likely be put on the sex offender list and spend some months in jail. I highly suggest that he lie through his teeth if the girl and her parents have no proof of him having sex with her.

[Soopa Villain17]

is the girl against him or just the parents ? my gf is younger than me and im 18 but thank god her parents like or id already be in jail. but if its only her parents thats agaisnt him that should help out a little bit, but he deffinitly needs to get a lawyer even if he cant afford one he needs to cuz owning a lawyer money is alot better than rotting away in a jail cell, prison sucks i should no my mom has been in since january and it sucks

[Kevmaster]

My Two Cents:

Don't say a word to the police. If they want to take him in for questioning, refuse unless a lawyer is present. Don't say anything without consulting a lawyer. Its just not worth the risk. The police can't force him to talk to them. So DOnt!

[Lohman446]

I once asked my lawyer, if I was ever involved in a justifiable shooting the proper way to speak to the police. He said every client he has ever had who has talked to the police has gone too far - he told me tell them where the gun is, offer them a drink, don't resist, but don't go further. Do not talk to the police. You're lawyer can present your side of the story without it being used against you later, you cannot. Your words can be used against you. Let a lawyer float the idea "he didn't know she was 15 " but do not offer it yourself. There are technical evidentiary reasons behind this

Get a lawyer - the law has been violated as I read it, and its now time for damage control, he needs a lawyer, he will very likely go to jail for a longer period of time without one. He will likely be incarcerated anyways, but where, and for how long depends on the lawyer.

[Creative Mayhem]

As a long standing member and someone who knows you, you need to admit the truth man... I know it was you....

Your buddy needs a lawyer, no question. Let the lawyer do the talking. Nuff said.

[MantisMag]

lord1234 got his numbers a little mixed up. probably thinking of how it is in whatever state he's in. the age differential is only when she's over 13 but not yet 16 (this only applies in NJ as statutory rape laws are state matters). if he's less than 4 years older (exactly 4 years to the day) and he's not in a position of authority over her then he's in the clear. the problem is it's exactly four years. did he turn 19 before she turned 15? in other words, is the age difference 4 years X months and X days? if that's the case looks like he's boned. time to get a lawyer and see what kind of deal you can work out. in cases like this it's their word against his. even if he lies and says he didn't do it he's not getting out of this. the judge will almost always side with the "victim" unless there's some reason to doubt their credibility.

on a side note why oh why couldn't they have waited till she turned 16? why take a chance on something like this? i hope your friend realizes what a royally stupid mistake that was.

[Lohman446]

In rereading the statute as I have seen it he may be in the clear...

Police questioning - Police are not lawyers. I do not beleive that you are compelled to go with them (unless under arrest) or to answer any of there questions. You are allowed to, and should know, what investigation (crime) they are pursueing and how you are related to it. They may just be wrong in the law - get a lawyer - I think everyone here has emphasized this, legal advice given over the internet on a paintball forum is bad - I don't offer advice, what I offer is solely my opinion (there is a legal reason for that disclaimer).

Edit: that being said, if it were legal or not you still have my opinion that it was morally wrong and the father should "discuss" it with your friend...

[TheTramp]

[MarkM]

Pleeing the 5th is not grounds for finding guilt and, in a legal sense, cannot be part of the decision of guilt or innocence. Thats an ideal world, pleeing the fifth always makes you look guilty and the judge or jury are human and will likely take it into account, even if they are not supposed to legally.

I agree legally they shouldn't take the use of the 5th as an admittion of guilt....but in these circumstances I would as so would any jury...a judge might they might not.

To bring this back to the thread topic get your friend lawyered up, in some cases that can be an admittion of guilt but since the risk of heavy (for one so young) jail time is in the air a lawyer is needed.

Your friend could be on for the jail time in any case, we had a group of cases of affray (drunken brawls) that would come up for the magistrate (lower court) every monday after the Saturday Night Club's. The Magistrate took the view that they were fed up with slapping wrists every Monday so sent every single one down for a couple of years...maximum they (magistrate) could hand out as a sentence...appeals all failed as they all were guilty and the law says the offences carried a maximum sentence of 2 years. The judge your friend comes before might be one who is fed up with hearing Statutory Rape cases...just a warning, since it is always the other guy who gets let off or a minimal fine/sentence. You can bet your last dollar that should this reach court and the girl is there to give evidence she will be wearing no make up and the cutest little dress you can imagine or a school uniform.