What if your son was arrested for having sex with a girl that did not tell her age?

Question

My friend's son was arrested last night, for having sex with a minor. He is 20 and they have been seeing each other, visiting their house, stayed until 1:30am. Her parents were not concerned. They got caught having sex. And now it's all the boy's fault. But even though that he thought she was older and she wanted sex to. Why is it always the girls are innocent until they are caught?

Jeffery Cojocar · Answer

He needs an attorney right away.

Gary Moore · Answer

How much older than the girl is he. A four year gap is lawful so long as the girl is not under sixteen years.

Leonard Harden · Answer

Do not have son talk.  Get a lawyer ASAP.

Jared Altman · Answer

If she is underage then he is in big trouble.

Michael Nack · Answer

An under-aged girl is, by definition, too young to legally give consent to   anyone to have sex. It is the legal responsibility of the male to determine  the  age of the female before having sex. Your friend's son needs to hire  the very best criminal defense attorney he can afford.

James Schoenberger · Answer

Under the law, he is obligated to determine her age before having a sexual relationship.

Craig Elhart · Answer

A young man should know the age of the girl before having sex with her.  If she was 15 or younger, he can be charged even if he did not know how old she was.

Stephen Freeborn · Answer

Your son is in big trouble.  A minor cannot consent to sexual relations. Even if she says yes, and even initiates the act, by the simple fact that she is a minor, your son can be charged with statutory rape. This is a conviction that will carry prison time and label your son as a sex offender.   It is not a matter of the girl always being innocent, it is a matter of the age difference. Even if she lies about her age, it is not a defense.  That is the law.  You need to get your son an attorney.  This is serious.

Steven D. Dunnings · Answer

It's called statutory rape. Maybe your son needs to be more careful.

Dennis Roberts · Answer

There is a case that says that if the girl looked over 18 and said she was over 18 the defendant is OK. They will need her to testify if they want to make a  case and if she refuses, there is no case unless he confessed.

Eric Sterkenburg · Answer

If a girl is under the age of consent (18) in California and agrees or even initiates the sex she is assumed that she did not have the maturity to consent. In order to convict for statutory rape under California Penal Code 261.5, the prosecutor must prove at three 1. That a male and female engaged in an act of sexual intercourse, 2. That the persons involved in the act were not married to each other at the, and 3. That the alleged victim was under 18 at the time of the offense. If you honestly and reasonably believed that the alleged victim was over 18 at the time you had sex, you can't be convicted under California statutory rape law. The types of evidence that can support your claim could include: Statements made by the alleged victim that he/she was over the age of 18, His/her attire and general appearance, and Where you met the alleged victim (at an adult party or venue). This is a serious charge and a guilty plea or judgment will last a life time. An attorney fee is a cheap price to avoid guilty.

Cynthia Henley · Answer

A person cannot legally consent to sexual touching or intercourse until they are 17 years old (and even if they consent, their consent is ineffectual.) The law against sex with minor is a strict liability offense - meaning that if you did it, you are guilty. It does not matter if she did not tell, if she lied and said she was older, if she produced a fake i.d. saying she was older, if her parent's consented to them having sex, if she had sex with others before and after, etc. None of that matters as far as the ability to prosecute and legally obtain a conviction. (The only "defense" is that the two were within 3 years of age of each other - which obviously does not apply if he is 20 because she would have to be 17+ and if that were true, it would not be a crime.)  He needs a lawyer who will get busy working on the case and talking with the prosecutor about presenting a grand jury packet. The place to beat this kind of case is in the grand jury which can no bill because they want to do so. (If he were to go to trial and the jury followed the law in their instructions, they would have to find him guilty.)

Jason Overton · Answer

In Alabama, a conviction for 2nd degree (or statutory) rape requires that one person was older than 16, the other was under 16, and there was at least 2 years difference in their ages.  I guess the answer to your questions about why it is his fault and not hers is that he is an adult and she is a child. Seems obvious. By the way, the only thing that matters is the individuals' ages.  It doesn't matter that he thought she was older, that she told him she was older, that she showed him a fake I.D., or even that she told him she attended the local university.

Daniel Kieth Martin · Answer

California punishes sex with a minor even if both people are minors, many people are surprised to learn that. I mention that fact because of your comment about 'suddenly it is the boy's fault.' Because usually what happens is a girl and her boyfriend go into the doctor and find out that she is pregnant, both are underage. The boy is the only one that gets charged.  This situation is a little different, and there is good news for your friend. If he honestly believed that she was 18 years old, then he has a defense to this charge. The first thing that needs to happen is he needs to contact a criminal defense lawyer to discuss this case. If he is hired, the defense attorney will help him mount a defense based on his good faith believe that she was 18 years old.

Jeff Yeh · Answer

He is screwed. It's statutory rape. Whether she tells him his age is irrelevant. And you are wrong about the male always being screwed. There are tons of cases where the female is the older one and gets convicted of the felony.

Mark R. Thiessen · Answer

It's statutory rape and VERY serious.  You need to hire the best lawyer you can afford.  Ignorance of age is not a defense.  Although we can show how he tricked her.  You are in for a big nasty fight, so prepare accordingly.

Jason Savela · Answer

These cases are very serious -   you need an attorney immediately  do not talk to the police - do not let your son discuss the facts of this case with anyone but an attorney  beware of a pre-text phone call where the girl gets the guy to discuss the facts on the telephone, admitting things that the police cannot prove  if the girl is sufficiently young, then consent does not matter   based on the basic facts provided, my guess is that the girl was under 15 yo, 4 or more years younger than the guy and not the spouse - this is a class 4 felony sexual assault on a child - it carries a 2-10 year prison sentence and a lifetime of supervision on probation, parole or in prison  this is extraordinarily serious and you need a good lawyer immediately.

Matthew McHenry · Answer

The law doesn't favor  girls over boys, but it does favor minors over those who are over 18.  Your friend's son needs to hire an attorney experienced in defending sexual crimes.  Normally, lack of knowledge about a minor's age is not a defense, but there may be other defenses available.

Jonathan Baner · Answer

Minors are not prohibited from having sex with adults.  It is the other way that is criminal.  This is very much a concerning charge.  Do not take it lightly.

Theodore W. Robinson · Answer

The answer is an underage girl underthe age of 17 has no capacity under the law  togive her consent to sex. You're right, the male is fully responsible and  should always make abig effort todiscover her true age - because he IS  responsible - even if she misleads him as to her age. It is not up to thegirl  or even her parents.The law is clear about her incpacity and that's just the  way it is in NY. Sorry. That's the very reason to stay away from very young  girls andmake sure of their exact age. Check theirdriver's license and  anything else you can to make sure of their age and even then be very careful,  because just what happened here could happen to anyone. While its not fair,  once you're aware of theapplicable law and you disregard it, then its on  him.Hire a goodexperienced lawyer to defend him. Good luck.  T

Maureen Baldwin · Answer

If he did not know she is under 18, that is a defense. The problem you have is "they had been seeing eachother". If he picked her up at junior high, for example, or met her friends, parents, etc, more chances he knew her age. Quite possibly the girl will not want to prosecute. It is difficult to "catch" someone having sex because you need to see the sexual organs, not just movement under a blanket.  Your son should not make any statements to police. Police often use facebook statements, or can make a pre-text phone call. Since this is a felony charge if he is 3 years older than her, you should consult an attorney.

Jonathan Willett · Answer

Your facts depend upon whether the girl was under 15 or under 17.  If under 17, tricking or being mistaken about about her age is an issue.  If she was under 15, that defense is not available.

Carina Laguzzi · Answer

Unfortunately, the only defense to statutory rape is that the man did not have sex with the alleged victim.

Michael J. Breczinski · Answer

The problem is that belief that the girl was older is not a defense in Michigan. The age of consent is 16. Sex with a 15 year old can carry 15 years in prison and prison is mandatory. Could the parents be charged as aiding and abetting the crime. If the girl was only 15 why would the parents let her have a boyfriend, much less an older boyfriend over until 1:30 am?  He needs an attorney.

Ryan Stevens · Answer

There could be serious factual and legal deficiencies in the prosecution's case. Please have your friend's son consult with a criminal defense attorney immediately. The charges are likely to be very serious and need immediate attention.

Jared Austin · Answer

The age of consent in Michigan is 16 so unless she is younger than 16, there is no criminal charges provided the sex was consensual. If under 16, your son could be charged with criminal sexual conduct, which is a felony, and he could potentially face prison time and being a registered sex offender. If that is the case, he needs experienced legal representation as soon as possible. It does not matter legally whether he knew her age or not or whether he knew she was underage or not. The crime is one of "strict liability" meaning as long as the act is committed (sex with an underage person) it is irrelevant what he knew, thought he knew, or believed. That is an issue you would have to take up with your state legislatures since they are the ones who passed it.

Timothy Klisz · Answer

It only matters if she was over 16 years of age.  It doesn't matter if  she lies, shows a fake ID or anything else.  Simply having relations  with a person under 16 is Criminal Sexual Conduct.  Your friend's son  needs a lawyer asap.

Daniel Guerrero · Answer

He may have a defense if he honestly and mistakenly believed she was older than she actually is.  He should get a good lawyer to defend him.

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What if your son was arrested for having sex with a girl that did not tell her age?

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