Home     Law Advice     Insurance Advice     Community    
Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
Go Back   FreeAdvice Legal Forum > CRIMINAL LAW & PROCEDURE > Arrests, Searches, Warrants & Procedure

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 07-02-2006, 02:59 AM
Junior Member
 
Join Date: Jul 2006
Location: NC
Posts: 3

Need Info


What is the name of your state? NC
Happened in - FL

First off, I hope I'm posting this in the right place. I'll try to be as direct as possible. If I need to be more specific, just let me know.

Can you accuse someone of something if it didn't happen to you, but you have proof that it happened?

What about if something did happen to you, but it happened so long ago you no longer have any proof? (Child molestation in this case)
  #2  
Old 07-02-2006, 03:03 AM
Senior Member
 
Join Date: Jul 2004
Posts: 17,799
Quote:
Originally Posted by Maren_Themah
What is the name of your state? NC
Happened in - FL

First off, I hope I'm posting this in the right place. I'll try to be as direct as possible. If I need to be more specific, just let me know.

Can you accuse someone of something if it didn't happen to you, but you have proof that it happened?

What about if something did happen to you, but it happened so long ago you no longer have any proof? (Child molestation in this case)
If you have knowledge of a crime, by all means report it to the proper law enforcement agency and give them the evidence. In the case of child molestation that can be reported either to the police or CPS, depending on the statute of limitations or the evidence something may or not be done. If this evidence is a "recovered memory" most likely that would not be considered evidence without any colaborating evidence.
__________________
I am not an arborist.
  #3  
Old 07-02-2006, 04:56 AM
Junior Member
 
Join Date: Jul 2006
Location: NC
Posts: 3
Quote:
Originally Posted by rmet4nzkx
If you have knowledge of a crime, by all means report it to the proper law enforcement agency and give them the evidence. In the case of child molestation that can be reported either to the police or CPS, depending on the statute of limitations or the evidence something may or not be done. If this evidence is a "recovered memory" most likely that would not be considered evidence without any colaborating evidence.
Thanks. Is it illegal, in Florida for a 37 year old to have sex with a 17 year old?
  #4  
Old 07-02-2006, 09:15 AM
Senior Member
 
Join Date: Jul 2004
Posts: 17,799
794.05 Unlawful sexual activity with certain minors.--

(1) A person 24 years of age or older who engages in sexual activity with a person 16 or 17 years of age commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. As used in this section, "sexual activity" means oral, anal, or vaginal penetration by, or union with, the sexual organ of another; however, sexual activity does not include an act done for a bona fide medical purpose.

(2) The provisions of this section do not apply to a person 16 or 17 years of age who has had the disabilities of nonage removed under chapter 743.

(3) The victim's prior sexual conduct is not a relevant issue in a prosecution under this section.

(4) If an offense under this section directly results in the victim giving birth to a child, paternity of that child shall be established as described in chapter 742. If it is determined that the offender is the father of the child, the offender must pay child support pursuant to the child support guidelines described in chapter 61. History.--RS 2598; s. 1, ch. 4965, 1901; GS 3521; s. 1, ch. 6974, 1915; s. 1, ch. 7732, 1918; RGS 5409; s. 1, ch. 8596, 1921; CGL 7552; s. 1, ch. 61-109; s. 759, ch. 71-136; s. 1, ch. 96-409.

Update 06-23-01: Comments from Email:
Florida Law (Section 800.04, Florida Statues) regarding lewd and lascivious behavior carries a mandatory sentence. This law has turned many teenage boys into sexual offender. If there is physical contact....not sexual intercourse (battery)...between a girl under 16 and a boy 16 or over, The girl or her parents can charge the male and have him arrested. Consent is not considered, just the ages of the participants.


07-2000 New Source: U.S. statutory rape laws is published on the Web by the National
Clearinghouse on Child Abuse and Neglect Information. The booklet, which
requires Adobe Acrobat to read, is located at:

[url]http://www.calib.com/nccanch/pubs/99statutes/35-SexualOffenses.PDF[/url]

[url]http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Index&Title_Request=XLVI#TitleXLVI[/url]

[url]http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=Ch0794/ch0794.htm[/url]
__________________
I am not an arborist.
  #5  
Old 07-02-2006, 09:41 AM
Junior Member
 
Join Date: Jul 2006
Location: NC
Posts: 3
thank you.
Another question, who would be most likey to get child custody, an uncle or an (older) halfsister? Or does it just depend on who is more qualified?

Should I still report this? How would I do that?
  #6  
Old 07-02-2006, 09:44 AM
Senior Member
 
Join Date: Aug 2005
Location: St. Odo of Cluny Parish
Posts: 29,043
Q: Another question, who would be most likey to get child custody, an uncle or an (older) halfsister? Or does it just depend on who is more qualified?

A: There are too many variables to be able to answer that question.


Q: Should I still report this? How would I do that?

A: Yes, call the cops.
__________________
There are two rules for success:

(1) Never tell everything you know.
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 11:05 PM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.