Sex Crimes Legal Questions

It appears that a conditon of probation is to have no contact with you.  This is a difficult decision because if you pursue this issue then it demonstrates that he has been in violation of probation.  I'm not sure how much longer he has on probation but he should discuss the benefits and risks with his lawyer. ... Read More

There are two ways that the court could have ordered that he have no contact with you, or with anyone under 16. First, it could have issued an order under chapter 209A.  In 209A cases, you, the victim, are the "petitioner" -- the person asking the court for the order.  As the petitioner, you can go back in front of the court and ask that the order be lifted.  The court does not have to lift it at your request, but the judicial guidelines instruct judges generally to do so unless there is a good reason not to. In this case, it sounds like a case where a judge would be unlikely to lift the order. The second way a court could have ordered him to have no contact with you is as part of his sentence. You have a right to be present at sentencing and to tell the judge what you want.  Again, under the circumstances, it is likely that the court would order him to have no contact with you even if you say you want it. To answer your final question, if you were to try to contact him, and if that is all that happens, neither one of you would be punished.  He is orderd not to contact you, you have not been ordered to not contact him.  A creative lawyer can construct an argument for ways that you could be charged, and I can think of a few, but realistically, in Massachusetts, there is no common mechanism for punishing the beneficiaries of a restraining order when they act in a way that is inconsistent with the order. You will not be permitted to visit him in prison -- there are specific regulations prohibiting the prison from allowing you see him.... Read More

VA CODE § 18.2-63 pertains to intercourse consent purposes, “(i) a child under the age of thirteen years shall not be considered a consenting child” regardless of the age of the accused. In Virginia even a reasonable mistake of age is not a defense to statutory rape, in calculating the ages for consent, “the actual dates of birth of the child and the accused, respectively, shall be used.” VA CODE § 18.2-61 pertains to the charge of Rape.  Specifically “A. If any person has sexual intercourse…(iii) with a child under age 13 as the victim, he or she shall be guilty of rape.” Under section B. “A violation of this section shall be punishable, in the discretion of the court or jury, by confinement in a state correctional facility for life or for any term not less than five years; and in addition” If the term of confinement imposed for any violation of clause (iii) of subsection A, where the offender is more than three years older than the victim, is for a term less than life imprisonment, the judge shall impose, in addition to any active sentence, a suspended sentence of no less than 40 years. This suspended sentence shall be suspended for the remainder of the defendant's life, subject to revocation by the court. To put it simpler, the worst that can happen is life in prison.  The accused is facing at least five years with a 40 year suspended jail sentence that the court can always reinstate for life if the accused violates conditions of probation or breaks the law. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.... Read More

this is a difficult case because she is 16 and the boyfriend is 15 and both are consenting to the activity. one could make the argument that the mother is 'endangering the welfare of a minor'. however, you would need witnesses and the two children would have to testify against the mother. not likely. i do not believe that the prosecutor would get involved.  ed dimon, esq. ... Read More

it is too late to bring criminal charges because the case would be most difficult, if not impossible, to prove. what would be the proof ? we have had success with contacting the man who assaulted another person and having that person pay for the victim's medical/counseling costs. ed dimon, esq. 732-797-1600... Read More

Your question is a little confusing. Is this what you mean: 1. you had sex with your Mom's friend; 2. Mom's friend was charged with Aggravated Sexual Assault of a Child; 3. the case is still pending; and 4. you want to know if your Mom can give legal consent for the sexual activity with Mom's friend; 5. If so, will your parent's consent make the criminal case go away (be dismissed)? If that is what you meant, the answer is no. At the age of 16, you have not reached the age of legal consent. It's a statutory thing. In other words, the Texas Legislature has determined that the age of legal consent in Texas is 17 years of age. So, if an adult has sex with a person under the age of 17, consent is never an issue (with limited exceptions). No one - including your parents - can change that.... Read More

She's not old enough to legally consent to anything romantic; keep that in mind. What it means is that it is completely irrelevant, in the eyes of the law, whether she "wants it," or "agrees," or "instigates" anything sexual. The law puts the responsibility on you. Intent is also a non-issue. So, in other words, it won't be a defense to you to say, "I didn't mean for that to happen," or anything to that effect. The smart thing for you to do is stay away from her. Why? What you "can or cannot do" may be a far cry from what you can be accused of doing. And it's the accusation that will get you arrested and into the system. Beyond that, touching her breasts, genitals, or anus, will get some very serious charges filed against you. In a world of good ideas and bad ideas, pursuing this one would qualify as world's dumbest idea. ... Read More

we did the diane west case in bayonne, nj.  please check the new york times for the case. she was the guidance counselor who had sex with a student. we did the peter halas case. he was the teacher and coach on point pleasant bprough. i would like to speak with the teacher about representation. diane west did not go to jail and did not lose her pension. these cases are most difficult and most complex and very expensive to defend. ed dimon, esq. 732-797-1600 ext 235.... Read More

If you cannot afford a lawyer, one will be appointed for you if you are charged with an offense. However, I could consider this if you really don't want to hire a lawyer:  Do you think your odds are better or worse with a lawyer? Having made that determination, would you rather look at your father and say, "I could potentially be guilty of a sex crime", or would you rather look at your father and say, "I've been found guilty of a sex crime"? If you keep talking about your case online and to other people, you're making it more likely that you will be having the second conversation, not the first.  You have a right to remain silent.  You have a right to an attorney if you have been charged.  Those most frequently convicted fail to exercise their rights.    ... Read More

you will need permission from illinois to move to illinois and be a part of their megan's law. if you are accepted, you will have to follow the requirements of the illinois law. these moves can be difficult. we have had difficulty with florida. eventually, we were successful. please let us know if we can help. ed dimon, esq.... Read More

Depending on your age you may be prosecuted as a minor or there may be an attempt to certify you as an adult. You need an attorney as soon as possible. Ask your parents for help and if they can afford it get medical help as well as legal help. The authorities will use anything they can get to prosecute.... Read More

Once the charges have been accepted by the DA's office they are the only ones who can drop the charges. You're going to need to hire an attorney; and a good one at that. These cases are basically strict liability offenses. In other words, if she is under the legal age of consent, she cannot give consent. So, any argument that "the relationship was consensual," isn't going to work. There may be some options available to you, but those are things you need to sit down and discuss with who ever you decide to hire to represent you.... Read More

The potential charge there is for improper photography. If you were in handcuffs and in the back of a patrol car and you were being questioned, you were under what is referred to as "custodial arrest." In that situation, any responses you gave to direct questions should be inadmissible.  They probably didn't take you to the station at that point because they lacked probable cause to make an arrest, at that point.  Yes, they can still arrest you, if they are able to develop more facts that would add up to probable cause. So, don't help them. If they come to your house and ask for your permission, or "consent," to search, you can (and probably should) say no. If they call and ask you to come in and talk to them you can (and most definitely should) say no.  If they get a search warrant, you'll have no choice but to allow them wherever the warrant gives them permission to go. But, you don't have to help them.... Read More