Statutory Rape.... What do I do?

[JitterBob]

What is the name of your state (only U.S. law)? FLORIDA

When I was 16 and 17 I was having sex with a 26 year old man who infected me with HIV. I am 20 now and I want justice because I was way to young to comprehend the consequences of what I was doing. I knew he had HIV but I didn't care because my boyfriend had just hanged himself and I was looking for a distraction.

I really would like to put this bast-rd in prison for what he did to me. I don't know why I waited so long but I need to do something if I'm going to do anything at all
He now lives in Illinois.

Is it worth filing charges? What exactly do I do? Will it cost me anything? Do I have a good case?

PLEASE HELP

 

[Totalwreck123]

What if you infect them with ANY sexually transmitted disease?

 

[Zigner]

What if you infect them with ANY sexually transmitted disease?

Keep your hypotheticals to your own thread. Don't hijack.

 

[JitterBob]

ughcan I

get some real help please, I don't know anything about the law. Because of him, my dreams of succeeding in life slim to none and I really want him out of society so he doesn't ruin anyone elses life.

 

[Just Blue]

get some real help please, I don't know anything about the law. Because of him, my dreams of succeeding in life slim to none and I really want him out of society so he doesn't ruin anyone elses life.

Actually it's because you knowingly had unprotected sex with a HIV positive person. At 16 and 17 you were old enough to understand the risk. And since the AOC in Florida is 16 I am wondering what you think you can do now??

 

[CdwJava]

Even if you had been able to do something about it at the time, the time for you to take action may have passed. About all you can do is consult an attorney and see if there is anything that CAN be done. I think not, but only an attorney that practices civil law in FL can say for sure.

- Carl

 

[Antigone*]

You might also want to seek some counselling to help you deal with your feelings.

 

[la_brown09]

If you were old enough to have sex , you were old enough to know the risks associated with contracting an std. They teach sex education for this reason. They also have been advertising HIV and AIDS commercials on TV for YEARS. When you have unprotected sex, you are choosing to disregard all risks associated such as std's , unplanned pregnancy, etc.
Im also 20, so age cant be used as an excuse for lack of knowledge here. I knew the risks when i had sex without a condom, and im now pregnant. Im not blaming someone else for this, i made the decision on my own.
If you KNEW he had HIV why in the world would you have unprotected sex with him?! I understand you regret your decision now, but that doesnt make him the bast*rd.. he made it very clear to you apparently.. that made him the responsible party.
If you are looking for someone to blame, look in the mirror. You made a bad decision, and now you are stuck with consequences.. And also that you would try to get him for statutory rape?! pppsssh.Not sure what the Age of Consent is in your state, but you willingly had sex with him,(and from what you said) HE DID NOT FORCE YOU.Some bad decisions have only temporary consequences, others like yours, and mine do not.
Stop looking for someone else to blame and man (woman) up to what you did. You made your bed, now lie in it.

 

[JitterBob]

which part don't you understand

If you were old enough to have sex , you were old enough to know the risks associated with contracting an std. They teach sex education for this reason. They also have been advertising HIV and AIDS commercials on TV for YEARS. When you have unprotected sex, you are choosing to disregard all risks associated such as std's , unplanned pregnancy, etc.
Im also 20, so age cant be used as an excuse for lack of knowledge here. I knew the risks when i had sex without a condom, and im now pregnant. Im not blaming someone else for this, i made the decision on my own.
If you KNEW he had HIV why in the world would you have unprotected sex with him?! I understand you regret your decision now, but that doesnt make him the bast*rd.. he made it very clear to you apparently.. that made him the responsible party.
If you are looking for someone to blame, look in the mirror. You made a bad decision, and now you are stuck with consequences.. And also that you would try to get him for statutory rape?! pppsssh.Not sure what the Age of Consent is in your state, but you willingly had sex with him,(and from what you said) HE DID NOT FORCE YOU.Some bad decisions have only temporary consequences, others like yours, and mine do not.
Stop looking for someone else to blame and man (woman) up to what you did. You made your bed, now lie in it.

I was NOT old enough to have sex legally. I had just lost somebody I loved as much as my own mother and was not in my right mind at all. I ASKED HIM to use a condom and he kept insisting we bareback. He manipulated me into sex knowing he would infect me, and knowing I didn't want to have sex without protection. I was f-cking 16, he IS to blame for taking advantage of me.

I'm asking for LEGAL ADVICE, not your personal opinion.,...

 

[Antigone*]

I was NOT old enough to have sex legally. I had just lost somebody I loved as much as my own mother and was not in my right mind at all. I ASKED HIM to use a condom and he kept insisting we bareback.

I'm asking for LEGAL ADVICE, not your personal opinion.,...

You were already told the age of consent in your state is 16. In the eyes of the law no crime was committed.

 

[mommyof4]

I ASKED HIM to use a condom and he kept insisting we bareback.

Not to be obvious, but if you had the mental faculties to insist on a condom, you had the mental faculties to say 'NO' when he refused.

Just sayin'.....

As for the rest, if you want a definitive answer to your question, seek out the advice of a competent FL atty. FL law is a little different as far as AOC. I'll tell you that I will be surprised if you do have a case, but I won't rule it out completely.

 

[Zigner]

You were already told the age of consent in your state is 16. In the eyes of the law no crime was committed.

The aoc is 16/17 IF the other party is 23 or under.

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.

However (for the OP). You have very little chance of proving this happened. You have NO chance of uncatching HIV. Seek counseling.

 

[mommyof4]

FL AOC is actually 18 unless the perpetrator is under the age of 24. If the perpetrator is 23 or less, the AOC is 16.

The 2009 Florida Statutes

Title XLVI
CRIMES Chapter 794
SEXUAL BATTERY View Entire Chapter

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.

Zigner beat me to it.

 

[RRevak]

The aoc is 16/17 IF the other party is 23 or under.

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.

However (for the OP). You have very little chance of proving this happened. You have NO chance of uncatching HIV. Seek counseling.

I agree. OP exactly HOW do you presume to convince someone this individual had sexual intercourse with you now that its been 3 years after the fact? If he chooses to deny, what proof do you have? And YOU chose to NOT use a condom when you allowed him to penetrate you without one. YOU could have said NO!

 

[JitterBob]

Yes but he was 26

You were already told the age of consent in your state is 16. In the eyes of the law no crime was committed.

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."