QUESTION
What can happen if my friend had consensual sex with a 13 yrs old girl and he is 20 yrs old?
Asked on Dec 20th, 2012 on Criminal Law - New York
More details to this question:
So my friend had a relationship with a 13 yr old girl now 14. When he decided she wasn’t rite for him and broke up with her, she got mad and threaten to call the cops and tell them he raped her and gave her stds and a whole bunch of lies. He is scared because they'll believe her but it was consensual and her mom knew about it. We have all da messages she send him trying to get him to talk to her again and when he doesn’t call or text her she'll bring up the fact that she can call the cops on him he doesn’t want anything to do with her. But he’s afraid that if he doesn’t keep her happy like texting and calling her she will call the cops and he'll get in trouble. He wants to be ready with a lawyer and get all the info he can before it actually happens. And is there anything he can do to stop her from harassing and blackmailing him? Please somebody help.
6 ANSWERS
Criminal Defense Attorney serving Orange, CA
at
Law Office of Joe Dane
Update Your Profile
Your friend is in a bad position. Depending in what state this is from, he could be facing multiple counts of child molestation, end up in state prison and be labeled a sex offender for the rest of their life. Time for your friend to sit down face to face with the best local defense attorney they can find.
Answered on Dec 21st, 2012 at 1:12 PM
Divorce & Separation Attorney serving Baton Rouge, LA
at
George E. Downing, Jr. Attorney at Law
Update Your Profile
A 13 year old lacks the legal capacity to consent to this sexual arrangement; period. The rape charge will probably not succeed because of the documented emails; however, he has committed Carnal Knowledge Of A Juvenile, and I think that carries a possible jail sentence of up to five years.
Answered on Dec 21st, 2012 at 11:31 AM
Criminal Defense Attorney serving Brighton, MI
at
The Law Office of Steven M. Dodge, PLLC
Update Your Profile
He faces a felony criminal sexual conduct charge that may very well result in him going to prison. He had better consult with an attorney now. Reply if you have any questions.
Answered on Dec 21st, 2012 at 11:31 AM
3 Awards
I am sorry to tell you this but this is just something that can't happen. He should have known better and not done it. He is going to get charged.
Answered on Dec 21st, 2012 at 3:21 AM
Michael J. Breczinski
He needs a good lawyer. Even is the girl said yes and seduced him, it is against the law. if the girl (in Michigan) is between 13 and 16 this carries 15 years in prison. There is no chance of probation, the person MUST go to prison. If she was under 13 then it carries LIFE.
Answered on Dec 21st, 2012 at 3:00 AM
John J. Carney
He should retain a good criminal lawyer and not talk to anyone about the matter. If you have sex with a girl under 17 it is statutory rape, which every man should know.
Answered on Dec 21st, 2012 at 2:22 AM