QUESTION
What can my friend do if he was accused of rape if he thought the girl was of age?
Asked on Oct 05th, 2011 on Criminal Law - Michigan
More details to this question:
Girl told boy she was 17, he was 19. They slept together, but step father read her diary and went after boy and held him captive at knife point and threatened charges if they didn't marry because the girl was 14. He needs help but I don't know how to help/refer to help.
23 ANSWERS
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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He is certainly facing very serious felony charges and prison time, depending on the county.
Answered on Jul 08th, 2013 at 10:20 PM
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You need to file a report against the father, but be careful because he can file statutory rape charges against the boy. Seems like quite the pickle. You need to hire the best lawyer you can afford in your county and protect yourself.
Answered on Jul 08th, 2013 at 10:12 PM
Jacob P. Sartz
He should retain an attorney to assist him with his potential defense. He should not talk to the police unless he has an attorney present with him.
Answered on Nov 02nd, 2011 at 11:36 AM
Bankruptcy & Debt Attorney serving North Bergen, NJ
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Offices of Lazaro Carvajal
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Sex with a minor under 16 is statutory rape. That is a strict liability crime, meaning he is guilty whether he knew her real age or not. Your freind needs legal counsel.
Answered on Oct 28th, 2011 at 1:21 PM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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He committed rape. She was not of age to consent. He could be in very big trouble.
Answered on Oct 28th, 2011 at 1:21 PM
Appellate Practice Attorney serving Clinton Township, MI
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Thomas J. Tomko, Attorney at Law
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Thank you for your inquiry The best thing to do is to hire an attorney and make no statements to the police. Statements can all be used against him Mistake about a person's age is generally not a defense. Neither is consent. Holding someone captive and threatening a person with a knife are also charges. It is not justified by reading a diary or that the person thinks they are doing the right thing.
Answered on Oct 28th, 2011 at 1:21 PM
Your friend needs a criminal defense attorney to represent him if statutory rape charges are brought against him. Her lie about her age will not be a defense. Your friend needs to press charges for assault with a deadly weapon and, possibly, threat to commit a crime (murder?). Your friend needs a personal injury attorney to sue the father for assault, and possibly battery, as well as, possibly, false imprisonment.
Answered on Oct 07th, 2011 at 11:02 AM
First the step father has a problem. The actions described by you are grounds for arrest under false imprisonment, kidnapping, assault and assault with a deadly weapon. Second the age of consent for sexual intercourse is 18 not 17. For the boy to be charged with statutory rape the prosecution must prove that the boy knew or should have known that the girl was under age, and that the boy and girl had intercourse. The knowing that the girl was underage is a would a reasonable person in like circumstances know that she was under age. This can be shown by evidence showing how the girl looked, where they met, how she acted, what she said and other evidence. How to prove that they had sexual intercourse may be harder. In this case is the girl does not testify that they did they need something such as her diary. The repercussions of a guilty on this will affect the boy for the rest of his life. With that on the line he needs to obtain a good lawyer and as soon as he can.
Answered on Oct 07th, 2011 at 1:47 AM
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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Statutory rape is a strict liability crime it is always incumbent upon the persons to know the age of the other person. There is no excuse "I did not know, I was lied to..." That said, the man committed a crime against the 19 year old. This situation is way too complex to be answered in this forum, especially because a 14 year old is likely too young to marry anyhow.
Answered on Oct 07th, 2011 at 12:58 AM
Your friend needs a good attorney now.Fourteen is under the age of consent and not know how old she is isn't a defense.Fourteen is under the age where a parent can even give consent in Utah for marriage.If he and the girl love each other and would like to be married, they will have to go to another state where you can marry with consent at fourteen.
Answered on Oct 07th, 2011 at 12:01 AM
Michael J. Breczinski
If this happened in Michigan the belief that the girl was older is no defense. It is too bad for the person. If the girl is 14 she can't get married in this State anyway.
Answered on Oct 06th, 2011 at 11:21 PM
Criminal Defense Attorney serving Birmingham, AL
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The Harris Firm, LLC
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He needs to hire a lawyer. A conviction would likely be for second degree commonly called statutory rape in Alabama and would require him to register as a sex offender. He probably doesn't want that. By the way, it doesn't matter what she told him or what he thought. The only thing required for conviction is that the victim was under 16, the other party was over 16 and there was at least 2 years between their ages.
Answered on Oct 06th, 2011 at 11:20 PM
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Being a sex offender is akin to wearing the "scarlet letter". I would do everything I could, including marrying, to avoid that title. The fact that a girl lied to a boy is not a defense to the charge stemming from sex between said boy and girl. It ought to be but it is not. There is a defense in this case. If the Girl's diary is a dream or fabrication but not the truth. The Step Father is guilty of Aggravated Assault, Aggravated Battery and probably Extortion. Assuming law enforcement wanted to prosecute him instead of the 19 year old or both the step father may reconsider that threat to the 19 year old.
Answered on Oct 06th, 2011 at 10:42 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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First of all, if that happened then he needs to make a police report and press charges himself against the father. As far as rape charges go, it is no defense if he honestly thought she was of age or if she lied and said she was of age when she wasn't. If criminal charges are pressed, he needs to retain experienced criminal counsel.
Answered on Oct 06th, 2011 at 10:25 PM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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He needs to consult with a alwyer in person. It does not matter what she told him - she could not consent to have sex with him because she was not legally able to - she must be 17 to be able to consent. (If they were within 3 years of age of each other then he could avoid prosecution, but that does not apply here.) BTW, even if he were to marry the girl, he could be prosecuted for sexual assault of a child.
Answered on Oct 06th, 2011 at 10:17 PM
He needs to talk to a lawyer. Statutory rape doesn't care about what the defendant thought of the victim's age. It is irrelevant. That's why it is called statutory rape.
Answered on Oct 06th, 2011 at 9:52 PM
Criminal Defense Attorney serving Orange, CA
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Law Office of Joe Dane
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Assuming there was no force and she was not under 14, he's looking at unlawful sexual intercourse (a.k.a statutory rape) charges. If there were other sex acts, they may be charged as well. The father can't "press" charges. Only the DA can make that decision. The father's actions are criminal as well. The bottom line: There's more to this than you've written and the only way for your friend to get the help they need is with a good local criminal defense attorney. They (not you) need to sit down face to face with that lawyer and discuss the situation in detail. In the mean time, the best advice you can give them is to NOT speak about this with anyone. Not the police, not his friends, no facebook, no emails, no phone conversations, etc. He should assume that anything he says to ANYONE will go straight back to the police and can only hurt him.
Answered on Oct 06th, 2011 at 3:18 PM
Drug Crimes Attorney serving Philadelphia, PA
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Laguzzi Law, P.C.
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The only defense to statutory rape is that sexual activity did not occur. Whether your friend was mistaken or the girl lied is immaterial as neither are a legal defense. Your friend cannot do anything now to prevent charges being brought against him so he has to sit tight. Since there is no definitive proof of sex (unless the girl makes a formal statement to police), the prosecutor make decline to file charges. If he is charged, make sure he hires an experienced criminal defense attorney. He should NOT give any statement to police unless he goes with an attorney. (A defense attorney would never have him go in on a case like this.)
Answered on Oct 06th, 2011 at 3:17 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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He is in big trouble. He can be charged with statutory rape, which is a felony and carries with it prison time. The fact that the girl may have initiated the sex, wanted the sex, had no objection to the sex, and lied to your friend about her age is IRRELEVANT. She is a minor and a minor cannot give consent. If convicted, your friend will probably do prison time and be required to register as a sex offender. Not a good situation. The father of the girl, holding your friend at knife point, I find somewhat suspect; however, assuming that is true, the father may have legal issues of his own, but that does not lessen the seriousness of the situation in which your friend finds himself. Further, the father cannot force his daughter to marry your friend, nor force your friend to marry her. I do not know what state your friend lives in. I do not know of any state that allows marriage of a 14 year old. However, even if a state were to allow the marriage, the crime was committed before the marriage. Further, it is the state that brings the charges, not the father or the girl. These individuals are simply "witnesses" to the crime your friend has committed. Your friend needs a good attorney and needs to know more about the women he chooses to be intimate with, and think more with the head on his shoulders.
Answered on Oct 06th, 2011 at 3:07 PM
Criminal Defense Attorney serving Seattle, WA
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Mercado & Hartung, PLLC
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It is imperative that your friend seek legal help from competent counsel that practices that area of law. Your friend needs to meet with a few attorneys before deciding which one to hire and he needs to inquire about their experience and knowledge in those types of cases.
Answered on Oct 06th, 2011 at 2:23 PM
Civil Practice Attorney serving Encinitas, CA
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Law Offices of Ramona R. Hallam
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Wow. What a set of facts! Yes, he can be prosecuted and forced to register as a sex-offender. The father can also be arrested for holding him at knife point. Unless this has happened in another country. It sounds like it. He should seek counsel immediately, and should cease posting online even through friends.
Answered on Oct 06th, 2011 at 2:03 PM
3 Awards
Friend needs a really good attorney and to not talk with anyone else. Your best advice has to be to only talk to an attorney. There are defenses and ways to fight the case, but an attorney is a must beware of the pre-text phone call by the "victim" attempting to get friend to admit to any part of sexual relationship and age issues - this is being recorded by police to make their case easier.
Answered on Oct 06th, 2011 at 1:43 PM
Your friend should seek the advise of a competent criminal defense attorney. The actions of the step-father sound close to being illegal. It is not a defense that he did not know the true age of the girl, however, under the circumstances, the prosecutor may elect to not file any charges. Again, an attorney would be helpful.
Answered on Oct 06th, 2011 at 1:37 PM