QUESTION
What is my son looking at for physical misconduct with a minor?
Asked on Jan 30th, 2012 on Criminal Law - Wisconsin
More details to this question:
My son was arrested for sexual contact of a minor, and is looking at the worst of going to jail for 40 years or probation and having to file as a sex offender for having sex with a girl who said she was 19. He slept with her last June and she just recently filed charges. My son has custody of his daughter, he would not jeopardize being able to keep her by having sex with a minor, and this girl is saying he raped her, and the sex was consensual. What can we do to help him? He is getting more and more depressed and scared every day.
1 ANSWER
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Hire an attorney that your son is comfortable with and prepare to handle the matter in Court. Statutory rape or rape with a minor does not take into account the actions of the minor, only of the adult. There are 3 elements to the offense: the age of the alleged victim, the age of the defendant and was there sexual contact between the alleged victim and the defendant. The alleged victim's intent or state of mind is not a consideration.
Answered on Feb 17th, 2012 at 1:15 PM