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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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Old 08-24-2009, 01:44 AM
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what could help?


What is the name of your state (only U.S. law)? missouri
say a man who at the time was 20 had intercourse with a girl who was 15(he did not know her age). the girl is now saying he raped her. both were drunk. he says he did not force her. he is going to court for sexual assault charges. what can he do to prove it was not force? (the girl did not have a rape test done)
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Old 08-24-2009, 01:57 AM
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It will be his word against hers. he does not have to prove it was consensual, the state has to prove that it was force.

You are likely guilty of sexual molestation based upon your ages (RSM 566.068). Mistake of age MIGHT be a defense in your state (RSM 566.020), but to see if the exception can be applied you will really need to consult an attorney.

You may very well be able to take a plea deal for the molestation to avoid the rape allegation. But, that wouldn't be too good, either.

- Carl
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