Sex Crimes Legal Questions

At 15, the law says you cannot give legal consent. In other words, even if you both thought it was consensual, it wasn't, at least in the eyes of the law. Emancipating won't have any effect on his arrest and prosecution, either. The only real issues in that case are (a) can the State prove intercourse; and (b) were you able to give legal consent (17 or older). ... Read More

No that won't help. Too much difference in age causes huge problems so if you have sexual relations with him he can be charged with statutory rape and he will have no defense and a lifetime of reporting as a sex offender. You have two choices: wait till you are 18 or file a petition to be declared an adult. Check with a family law attorney to explore the possibilities of the petition in your jurisdiction. Be careful even if you do not have sex as your boyfriend may face a charge of contributing to the delinquency of a minor if your parents object to the relationship.... Read More

You must file a written motion within 30 days of the entry of judgement alleging all facts or circumstances which rendered your plea of guilty not knowing or not voluntary.    Try Illinois Supreme Court Rules 605 and 606.  http://www.state.il.us/court/SupremeCourt/Rules/Art_VI/ArtVI.htm#605... Read More

It depends on the circumstances.  The statute of limitations for charging a criminal offense begins at 720 ILCS 5/3-5 and continues on to 5/3-8.  There are many exceptions in it, which will apply depending on the specific factual circumstances.  As a general idea, the rule is "at least three years", "often ten years", and "there is no statute of limitations."  Which particular rule applies will depend on what occurred.      ... Read More

You should report this to your local law enforcement agency and also call the National Center for Missing and Exploited Children.  The Center works as a clearinghouse to make sure that cases like these are routed to the proper agency.  You may also have the basis for a civil suit, especially if there were any threats to get the new photos.  My firm has handled cases similar to this.... Read More

This is almost certainly going to end in your son's arrest. Typically, the steps are these: The girl will be told to go in for what's called a SANE exam. She'll be told to set up what's called a forensic examination at the equivalent (depending where this is) of the Child Assessment Center. She'll be questioned in such a way that there is no question of sexual abuse. The CAC will contact law enforcement. A warrant for his arrest will issue. It won't matter a bit if they find no medical evidence to support the allegations. Do not, under any circumstances, have your son talk to the police, CPS, the CAC, or any other government crony. To protect him you need to hire an attorney. A thorough investigation into these allegations may reveal the truth behind them.  The burden the cops must have to arrest your son is Probable Cause. Much more than that (Beyond a Reasonable Doubt) is needed in order to convict him. ... Read More

The difference in age would not be an issue, in Texas. The "young man" is old enough to give legal consent. However, if what the young man is claiming is that the 44 y/o went down on him, and he didn't want him to, and that fact was known to the 44 y/o, then the 44 y/o could theoretically be charged with sexual assault.... Read More

a search warrant is signed by a judge. this judicial review is difficult to overcome. for example, a clerical error on the search warrant which causes the wrong house to be searched is not a defense. you need to be 'pro-active' regarding these charges. you cannot wait to be charged. please check our website. please let me know if we can help. ed dimon, esq. 732-797-1600... Read More

This answer does not create an attorney/client relationship.  I am very sorry if you were a victim, but you need to deal with this sorry piece of crap to obtain closure for yourself, and to prevent another from being victimized by this animal.  The authorities will do their best to protect you, as they are required to do so under the rape shield statute of the Federal and S.C. rules of evidence.  Remember this is a crime against the State.  You may also civilly sue this person if the have financial means, but most important is to allow the state to do its job.  I am a S.C. attorney and board certified internal medicine physician. Regards, I am Michael G. Sribnick, M.D., J.D. Attorney at Law Owner of Michael G. Sribnick, M.D., J.D., LLC www.michaelsribnicklaw.com... Read More

If you have never reported this to the police, you should do so immediately.  There are victim advocates that work for the solicitor's office that may be able to help you.  The likelihood that he could successfully be prosecuted has greatly decreased due to the time you have waited, but there may be other victims that you aren't aware of, and if they have gone to the police, they may be able to link your case with other cases.  The other guy, if the police can find him, could be a witness for you.  In short, go to the police and let them try to investigate the crime and see if they can make a good case.  There may also be a civil lawsuit you could file against him that might punish him.  The statute of limitations might be a problem for that case, so you should not wait if you are interested in going that route.  ... Read More

If you are convicted of possession of child pornagraphy, you would be required to register as a sex offender.  However, due to your young age, you might be able to petition the court to be removed.  See RSMo. Section 589.400.  In any event, you should contact an attorney before you make any statements to law enforcement. 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 More

If the girl lied to the court, then yes she faces potential penalties. However, there's no such thing as "consensual sex" for the 17 year old because the law says that she can not consent.  That's what statutory rape is.  She is very unlikely to be punished, because the law views it as not her fault.  It doesn't matter if she wanted to or not, she could not legally consent because of her age.  ... Read More

This answer does not create an attorney/client relationship.  I am a S.C. attorney and board certified internal medicine physician.  This is a very serious matter, and should be reported by you and the girl's family to the police.  As far as a civil action, your family and the girl's family indeed have a case against the school and possibly the school district for this heinous behavior by those who allowed this tape to be shown to so many people.  You also have a case against anyone who viewed this film, in my opinion.  You also need to have a talk with your son, as if he continues this behavior when he reaches the age of majority, he could be charged with statutory rape. Regards, Michael G. Sribnick, M.D., J.D. Attorney at Law Owner of Michael G. Sribnick, M.D., J.D., LLC www.michaelsribnicklaw.com... Read More

If you plead guilty and were sentenced to 8 consecutive weekeneds, then your only hope at this point is to file a motion to withdraw a guilty plea if you are within 30 days of your plea of guilt. If you have not plead guilty yet, you can plead not guilty and ask for a jury trial or a bench trial. You can also plead guilty and request the Judge to sentence you. However, what you should not be doing is posting confidential matters on the internet.  You have an attorney  You should consult with him for your best course of action.  ... Read More