Need legal advice on statutory rape

[tropical_fishy]

As said above, the state should provide your friend with a lawyer. If they do NOT, then get on the phone to the ACLU in your area... they'll provide your friend with a lawyer to sue the pants off the government for violating your friend's Miranda rights. They might even provide for the rape case, but I'm sure that would depend on the exact circumstances.

It doesn't matter if she said yes-- the state says she's not old enough to say yes. Ridiculous, maybe, but it puts oyur friend in quite a situation. If they can't prove they had sex (and he better hope that they can't) then there's really no case-- but if they found a condom or something, your friend needs major legal aid.

[Glickman]

theres two possible problems you might want to think about

1. Parents & Defense could get a force summon for a examination for seamen

2. -If girl claims she lied to parents- Prosecution could easily say your friend is threatening her or she is just covering for him, as they are still on good terms, so tahts not a good defense at all.

[HOMOCIDAL2]

Lawyers

First of all, let me state that I am not a lawyer. I do however work in the criminal justice system. As a matter of fact for the last fifteen years. I have been in a court room and thought "this guy is going to prison for life", and then all of a sudden the judge will tell all the lawyers to step into his chambers, they have a little chat, and the defendant walks out the front door. Lawyers belong to a secret society. Its about who went to law school with who, and who went fishing last week with whoever else. Lawyers can do things that ordinary people can't and it has nothing to do with knowledge of state statute. If your friend is facing ten years, he better get a lawyer. Not a public defender, those are the guys who just got out of school and are trying to establish themselves.
As far as everybody who says "I think if the girl says ok, then it's okay" your wrong. It doesnt matter what you think, unless your on the jury.

Go with the best lawyer you can find. If he gets you off then you owe him big time. If he doesn't then let him try to collect from you while your in prison, making five cents an hour making license plates.

Commence the flaming!!!

[Glickman]

Go with the best lawyer you can find. If he gets you off then you owe him big time. If he doesn't then let him try to collect from you while your in prison, making five cents an hour making license plates.

oooor pay it back by making millions in tax refunds (detainees been scamming uncle sam)


as said above...
the jury will assume the girlfriend is just some gullible person, liable to say anything (no offense, but this is what they will assume) so her word means as much as the landminds my dog leaves in the backyard.


one possible way is to attack the credibility of the girlfriend, maybe say she was estatic, and possibly "lied" about the rape, but then again, physical evidence would probably still screw him. (just an idea, a little bored over here )

[Lohman446]

regardless of her wishes this would probably still stand if you were visiting the state in question.

Just to clear this up, because I understand how laws changing in the country can be confusing. You are responsible for following the laws of the state you are in (visiting or whatever) in addition to any federal laws. In a few select cases (violent crimes generally) you can be prosecuted under federal / state laws for acts committed out of there jurisdisdiction.

A final note: it is possible to go to many Asian countries and participate in the sexual tourism scene without breaking any laws there and still be prosecuted when you return home because what you did would have been illegal in your home country. For example, the age of consent in Japan is 14; it is possible to legally have sex with a 14-year-old girl in Japan and then be prosecuted for child molestation, sexual assault on a minor, etc., when you return home. About 30 Western nations have laws to this effect. Those laws differ greatly from country to country and there is little information available on how often they are used.

The best example I have, personally, is my concealed pistol license. It allows me to carry a pistol, pretty much anywhere (there are exceptions) in Michigan. Now some states (about half of them) recognize it as valid in there state also, and I can carry there as well, albeit with deference to there laws governing where and when. However, should I go to Chicago with this pistol - there is a good chance that I will be prosecuted as Chicago is basically a "weapons free city" by law (oddly though Chicago has a high rate of gun violence). I can trump this law in Chicago by putting my pistol in "transport mode" as defined by the federal government (disassembled in a locked case, in my trunk, unloaded, with the ammunition locked elsewhere in the vehicle) as long as I am only "passing through" without stopping in Chicago because there is a federal law that specifically allows transport of weapons. Once back outside of Chicago I can go back to following Illinois state law but am no longer bound to the "weapons free" laws of Chicago. Confused yet?

[spasticsquirrel]

should have moved to Connecticut, i beleive that there arent any laws about this.

[Alley]

I'd like to offer my opinion on this. Which, non of it is legal advice so feel free to delete it if you want. I as a girl don't personally think at 15 I was prepared or ready to make proper decisions involving sex. I wasn't even in high school. So, I dont think a 19 yr old boy should really be dating a 15 yr old girl. 4 years is a lifetime when your a teenager. But, in this matter if they had been dating for 8 months and the parents where aware of the relationship Then they should have been more involved and active in knowing what was going on. Any 19 yr old boy is going to be wanting those sorts of things. I think it is terrible to use the legal system when proper parenting isnt in place. I would have never been allowed to date a 19yr old. If they had approved of the relationship they should have expected it. I think any lawyer with a degree from a cracker jack box could argue a good defense in that matter. Whick he woudl be entitled to for free. Thats what public defenders are for. But, in a society where it seems that molestation and just sex crimes are rampent its possible that they might make him an example when they are thinking of their own daughters. Cuz, I know my dad would have been taking matters in his own hands as well. Not pressing charges Like I said this is usless for any advice. Just personal opinion Thank you, have a nice day!

[MantisMag]

for connecticut
Offense Definition
4th degree sexual assault: Sexual contact with someone less than 15 years of age.
2nd degree sexual assault: Sexual intercourse with someone at least 13 years of age and less than 16 years of age where the defendant is more than 2 years older than the victim.
1st degree sexual assault: Sexual intercourse with someone less than 13 years of age where the defendant is more than 2 years older than the victim.

*added on edit* you're entitled to your opinion about the matter but you're wrong about the lawyer being able to argue they should have expected it. that's not a defense. the victim should have expected it is never a defense.

[Glickman]

I would have never been allowed to date a 19yr old. If they had approved of the relationship they should have expected it. I think any lawyer with a degree from a cracker jack box could argue a good defense in that matter. Whick he woudl be entitled to for free.
Thats what public defenders are for. But, in a society where it seems that molestation and just sex crimes are rampent its possible that they might make him an example when they are thinking of their own daughters.

Thats an interesting point. its hard to say then, if sex is a "given" in a relationship, expecially that young. in other words...

If parent approved of dating, then they approve what happends during it?


i dont know how well it would stand because its all circumstancial. honestly, i wouldnt have assumed my 15 year old daughter would go out and have sex on dates (mind you i wouldnt let her date a 19 year old either .... this is weird... having a daughter one year younger then me )


as for the second part, yea, thats not looking good for his friend either. Im sure "trial by his peers" will end up being middle aged fathers with lots of 15 year old daughters.

[tranman]

To quote Dave Chappelle, "I plead the FIF!"