QUESTION
Can my brother be charged with kidnapping and sexual assault if he kicked out the girls that came to his party when he found out they were under age?
Asked on Mar 06th, 2013 on Litigation - Colorado
More details to this question:
My brother went to a party. His friend invited girls whom he thought were of legal age. Everyone was drunk. They went back to my brother's house at 3-4 AM. My brother gets sober and got out of his bed. He saw that his friend and the girls were really drunk. A girl starts to fool around with my brother and someone said the girl is only 16. My brother kicked the kids out of his house. The kids left and called a ride. A week passed and one of the girl's father called my brother threatening and harassing him. After a couple of days, they picked up my brother from work and booked him for kidnapping and sexual assault. What are we looking at? Is this a legitimate case? I already contacted the Board of Lawyers and have them on case.
4 ANSWERS
Michael J. Breczinski
Well in Michigan the age of consent is 16 and if they went voluntarily with him then where is the kidnapping. They were not taken against their will.
Answered on Mar 07th, 2013 at 6:28 AM
John J. Carney
What is the "Board of Lawyers," and is that in New York state? You should retain a good criminal lawyer to handle the case. If he has sexual contact with a 16 year old girl he is guilty of some crime no matter if she consented or even lied about her age. If he is falsely accused the lawyer will investigate the case and get witnesses and other evidence to support his defense.
Answered on Mar 07th, 2013 at 6:28 AM
Tax Attorney serving North Smithfield, RI
at
The Law Offices of Mark L. Smith
Update Your Profile
It depends what the girls say this is a he said she said situation and the police will file charges based upon the girls statement especially if they are underage.
Answered on Mar 07th, 2013 at 6:27 AM
3 Awards
talk to your lawyer but this is among the most serious charges with life in prison as a sentence sounds like it is very defensible as the girls are probably lying to save their own selves, but if the ages are correct, it may not matter do not talk with police or prosecutors except thru lawyer - all jail calls are recorded and codes do not work - say nothing about the facts or possible defenses on the phone - if police or prosecutors try to talk, just say "I want a lawyer" and nothing else beware of the pre-text phone call - where girls call and suggest everything will go away if you just apologize or admit to something - it is a trap by police - its being recorded and will be used against you - just say no thanks and hang up make sure the accused has a good lawyer and follow lawyers advice -
Answered on Mar 07th, 2013 at 6:25 AM