QUESTION
Knowing there was never any rape, can he put charges on both the daughter and the parent for making false accusations?
Asked on Dec 17th, 2012 on Criminal Law - Georgia
More details to this question:
Recently, my friend was accused of rape by his own family member, his Aunt. She is 16 and he is 18 at this moment. There was never any rape however back when she was 15 and he was 17 there was sexual intercourse with her knowing what she was doing. There was never any force been used, or was there any struggle from both people. She uses two different stories. She said a man when inside her house and touched her and later on she said it was my friend who did that. We believe she is doing that because she was recently cough skipping with her current boyfriend who has been sleeping at her house with the consent of her mom (parents are separated) to get out of trouble because since she was little she would use other things to get out of trouble. The father has threatened my friend with taking these matters to the police or his removal from the city. He wants to know what procedures he should follow. What can happen to him? Can he go to jail by just been accused of rape?
7 ANSWERS
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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This is not an easy situation to explain.
Answered on Jun 12th, 2013 at 12:19 AM
Michael J. Breczinski
Sex with 15 year old even if by consent is treated as statutory rape. In Michigan this carries 15b years in prison with no chance of probation. Prison is mandatory. Just because the child says ok does not make it right. He needs a good attorney.
Answered on Dec 21st, 2012 at 3:15 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. I suggest that your friend contact an experienced criminal defense attorney for a face-to-face consultation and give him/her all of the facts surrounding his situation. He/she would then be in a better position to analyze his case and advise him of his options.
Answered on Dec 21st, 2012 at 2:57 AM
John J. Carney
You should know that a girl under 17 is not capable of giving consent and therefor sex with a 15 year old is statutory rape. The fact that you or any young man does not know that proves that both you and your parents have failed to educate yourselves and you must learn the law in order to avoid violating it.
Answered on Dec 21st, 2012 at 1:34 AM
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In Utah, having sex with a 15 year old would be "unlawful sexual activity with a minor" even if she consented. Your friend could face felony charges. He should hire a lawyer immediately and under no circumstances should he talk to the police without his lawyer present.
Answered on Dec 20th, 2012 at 11:58 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Depending of the jurisdiction there is the potential of a statutory rape charge for the intercourse when the "child" was 15.
Answered on Dec 20th, 2012 at 11:54 AM
If convicted of rape your friend would have to register as a sex offender every year for the rest of his life. A person is still innocent until proven guilty. An accusation can land a person in jail until the trial is complete if he is not released on bail or given an OR release. 261. (a) Rape is an act of sexual intercourse accomplished with a person not the spouse of the perpetrator, under any of the following circumstances: (2) Where it is accomplished against a person's will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the person or another. 264. (a) Except as provided in subdivision (c), rape, as defined in Section 261 or 262, is punishable by imprisonment in the state prison for three, six, or eight years. 261.5.
Answered on Dec 20th, 2012 at 11:54 AM