QUESTION
How much time can a guy who had sex with an underage get for consensual sex?
Asked on Nov 28th, 2012 on Criminal Law - California
More details to this question:
The girl was 14 and she got pregnant. It was consensual.
11 ANSWERS
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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It was not consensual where as here the girl was under the age of consent. So that is not a defense and the defendant has to realize this and get real about his future. The defendant is looking at a class "B" felony conviction and the "time" is the least of it. The time will be the easy part. It's getting out which will not be a picnic. He will be classified as a sex offender for the rest of his life; he will have a permanent felony record so he will be unable to get a government job, vote, own a gun, and a lot of other stuff. He will be prohibited from living in certain areas and going certain places; he will have lifetime reporting requirements. Forget about the "time," what he needs is to now retain counsel that can work this to a plea to a misdemeanor.
Answered on Apr 15th, 2013 at 6:15 AM
Michael J. Breczinski
Up to 15 years in prison and the person MUST go to prison, at least in Michigan.
Answered on Dec 04th, 2012 at 5:09 AM
Dennis P. Mikko
If the girl was 14 she could not consent to having sex. The age of consent is 16. The maximum possible sentence depends on the conviction. If he is convicted of criminal sexual conduct third degree, the maximum is 15 years in prison. First degree is any term of years up to life.
Answered on Nov 30th, 2012 at 3:27 AM
This is a felony and depending on the facts would most likely be Criminal Sexual Contact (CSC) 2nd Degree or 3rd Degree. Factors such as blood relation to the victim and force can make it a more severe crime. The fact that the sexual partner consented does not make it legal. This is a serious charge, and CSC 2nd carries a maximum penalty of 15 years in prison. Also, you can be required to register with the Sex Offender Registry. You need to hire an attorney.
Answered on Nov 29th, 2012 at 9:46 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Depends on other additional factors. Hire an attorney.
Answered on Nov 29th, 2012 at 9:02 PM
John J. Carney
If you have sex with a 14 year old girl it is statutory rape regardless of whether he girl consented or not. You should retain a good criminal lawyer as you could get anywhere from probation to several years in prison. It will defend on how old the man is, whether the parents are demanding jail, and what city you are in, but you should know better than to have sex with a 14 year old girl.
Answered on Nov 29th, 2012 at 8:57 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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Under the law a 14-year-old cannot consent no matter how willing they are. This is a felony criminal sexual conduct crime and you could face potential prison time.
Answered on Nov 29th, 2012 at 8:56 PM
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Depending on your age, you can spend the rest of you life in prison this is a very serious crime and you need to treat it that way contact a criminal defense lawyer and sit down with them ASAP if the girl calls and suggests that everything will be OK if you just admit to things etc, she may be calling from a police station with the police directing her so that she can get you to admit to things - this can be used against you at trial if the police come, do not say anything other than "I want a lawyer" - keep saying it no matter what they say - or say nothing at all - no words are going to help you stay out of jail if you have money, hire an attorney now - if not, get a public defender after you are arrested.
Answered on Nov 29th, 2012 at 8:08 PM
Statutory rape. Look it up.
Answered on Nov 28th, 2012 at 5:56 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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If she was under age (14), and you were over 18, even if she lied or even if the sex was consensual, it does not matter. There is no defense. You engaged in statutory rape. If charged, and convicted, your will go to prison. How long, depends upon the facts of the case.
Answered on Nov 28th, 2012 at 5:56 PM
Criminal Law Attorney serving Oakland, CA
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Law Office of Jared C. Winter
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Child molestation cases are legally complex. There is no way to tell you how much time the person would get. Be aware that there is no such thing as "consensual" sex with a 14 year old. Also be aware that the fact that she is now pregnant makes the case even more serious, because that is considered "great bodily injury". The guy you are referring to is facing extremely serious legal consequences, including imprisonment and lifetime registration as a sex offender. Time to lawyer up.
Answered on Nov 28th, 2012 at 5:47 PM