Sex Crimes Legal Questions

First let me make it clear that this answer in no way creates a lawyer/client relationship.  As statutory rape is a strict liability crime, only the state of Tennessee can drop the charges.  You have left out a lot of information, and my heart goes out to you if you know or are the victim of this heinous crime. Michael G. Sribnick, M.D., J.D., LLC www.michaelsribnicklaw.com    ... Read Answer

RSMo Section 589.400.8 sets out the process for removing one's name from the sex offender registry in Missouri.  It sets out all of the relevant steps for petitioning the court and the prosecutor.  Or you could retain a criminal defense attorney to petition the court. This answer does not create an attorney/client relationship. Andrew D. PopplewellEng & Woods Law Firm903 E. AshColumbia, MO 65201573-874-4190573-874-4192 (fax)apopplewell@engandwoods.com... Read Answer

i am confident that you and your girlfriend will be charged with 'public lewdness' for this behavior.  if you and your girlfriend do not want this on your permanent record, i would hire an attorney to negotiate a 'borough ordinance violation' which is not a 'record'. please let us know if we can help. ed dimon, esq.... Read Answer

It sounds like your fiance needs to retain a good criminal defense attorney to defend him. Thank you, Andrew D. PopplewellEng & Woods Law Firm903 E. AshColumbia, MO 65201573-874-4190573-874-4192 (fax)apopplewell@engandwoods.com This answer does not create an attorney/client relationship.... Read Answer

you can bring a civil action against the person who stole your phone and who is posting the pictures.  a criminal action will be difficult because you will have to convince the police and prosecutor to get involved. very difficult without direct proof.  a civil action will be expensive because you will have to prove your case and you will need an attorney to prosecute and an investigator to investigate. please let us know if we can help. ed dimon, esq.... Read Answer

She is a minor.  You would/could be chaged with statutory rape, a felony, if you have sexual intercourse with her.  You could also be charged with child endangerment, child molestation, statutory sodomy, etc. if you have other physical engagements with her.  Those would all be felony charges as well. Thank you, Andrew D. PopplewellEng & Woods Law Firm903 E. AshColumbia, MO 65201573-874-4190573-874-4192 (fax)apopplewell@engandwoods.com This answer does not create an attorney/client relationship.... Read Answer

You should consult with a criminal defense lawyer ASAP.  The police and or District Attorney will review the allegations and determine what, if any, charge(s) should be filed.  What county did this allegedly happen in? And you should refrain, other than advising me the county, from talking about this on websites any further. Keith Bidlingmaier ... Read Answer

MCL 750.520d states: (1) A person is guilty of criminal sexual conduct in the third degree if the person engages in sexual penetration with another person and if ANY of the following circumstances exists:        (a) That other person is at least 13 years of age and under 16 years of age. CSC III is the equivalent of  "Statutory Rape" And therefore does not require any force or coercion. The sex act can (and frequently is) completely consensual. In fact it could occur at the girl's request or initiation and still be CSC II. Because, unfortunately  a girl under the age of 16 can not give consent. CSC III is a per se crime, the fact that it happened is sufficient, it doe snot matter if the girl misrepresented her age or not, the fact that there was sexual penetration with a girl between the age of 13 and 16 is all the prosecution needs to prove to establish the crime.... Read Answer

the police report is the first step. if the investigation determines that the dates were wrong or there were other incorrect facts, the indictment can be changed to correct the facts. you have the ability, through your attorney, to 'confront the witnesses against you' about all the 'facts' and 'dates'. ed dimon, esq. 732-797-1600 ext 235... Read Answer

The conviction can be appealed.  If you are successful on appeal, there could be various outcomes For example, If there was insufficient evidence or verdict was against the weight of the evidence the charge could be dismissed.  If there was mistakes made by the Judge at trial the conviction would be vacated and a new trial ordered. Also there is a procedure, CPL 440 which is brought before the Trial Court, with limitations,  alleging facts not previously presented.  ... Read Answer

Criminal Sexual Conduct in the 3rd degree occurs when "a person engages in sexual penetration with another person and if any of the following circumstances exists: (a) that other person is at least 13 years of age and under 16 years of age. (2) Criminal sexual conduct in the third degree is a a felony punishable by imprisonment  for not more than 15 years. MCL 750.520d It does not matter if the actor was only 16. Whether he goes to prison depends on if he is charged as an adult or a juvenile, and if an adult the sentencing guidelines,  but if he is charged as an adult prison is a real possibility. ... Read Answer

There are a few things that you can do.  You can contact the police and tell them what happened. You can contact the program and ask that he be moved to another residence. You can notify the agency that regulates the facility.  You can sue the residence for failing to protect your son.  These are possible options. Obviously you have to consider the ramifications of each one. You have to decide whether you want to do any of them. If you are looking to sue, you may want to  speak with an  attorney before taking any further action. The sooner you decide what to do the better.... Read Answer

No. MCL 750.520d "A person is guilty of criminal sexual conduct in the third degree if the person engages in sexual penetration with another person and if any of the following circumstances exists: (a) That other person is at least 13 years of age and under 16 years of age." Criminal Sexual conduct in the third degree is a felony punishable for not more than 15 years. It does not matter if the actor knows the other person was under 16 or not, it is a per se crime ... Read Answer