False Accusations against my son.

[VTmom]

What is the name of your state? I am in Vermont.

My son (17) was recently on a school sponsored trip out of the country. This trip also included students from another state (MA). While there my son met and 'hooked up' with a girl (16) from the other school. She had told my son that she wanted to have sex with him several days before they actually found the opportunity to do so. Afterwards, she apparently was talking to a friend what had happened; and was upset and somehow this led to her accusing my son of rape. It was HUGE mess with the girl's friend screaming at my son in the hotel lobby in front of their chaperone and my son's chaperone, as well as students from both schools.
Once all students were cleared out; My son spoke to his chaperone, and the girl to hers. The girl eventually admitted that it was consensual, to her chaperone, and to my son and his chaperone.

Yes, the accusation was made VERY publically, the recantation was done privately.

Everyone involved had hoped that except for social consequences, this would all 'die down.'

Now that everyone is home. Apparently the girl's parents have taken the girl to the hospital and police. So, I am assuming they are planning to pursue this legally.

I am just wondering how concerned I should be? She admitted in front of several witnesses that it was NOT rape. I am planning to have my son write out EXACTLY what happened, from when he first met her up until the false accusations occurred.

I am really at a loss of what to do, and advice would be WONDERFUL.

 

[quincy]

The good news is that in Massachusetts the legal age of consent is 16, so the girl your son "hooked up" with could legally consent to have sex with him.

The bad news is that, under M.G.L. c 272 section 4, inducing a person who is under 18 to have sex can lead to up to 3 years in state prison or up to 2 and a half years in a house of corrections and/or a fine of up to $1000.

In addition, under 18 U.S.C. 2422, if someone knowingly persuades, induces, entices or coerces someone under the age of 18 to have sex, that person can be imprisoned for not less than 5 years nor more than 30 years.

In Massachusetts, consent is not a defense to a charge of statutory rape, which is defined as having sexual intercourse with someone under 16. As long as you are sure this girl was 16 and not almost 16, your son avoids a possible statutory rape charge.

But if this girl claims she was "induced" into having sex, your son can still face criminal charges. It will be up to the DA to make the decision whether or not to file criminal charges.

I would consult with a lawyer in Vermont and/or one in Massachusetts, which is where the charges, if any arise, would more than likely be filed.

 

[fairisfair]

The good news is that in Massachusetts the legal age of consent is 16, so the girl your son "hooked up" with could legally consent to have sex with him.

The bad news is that, under M.G.L. c 272 section 4, inducing a person who is under 18 to have sex can lead to up to 3 years in state prison or up to 2 and a half years in a house of corrections and/or a fine of up to $1000.

In addition, under 18 U.S.C. 2422, if someone knowingly persuades, induces, entices or coerces someone under the age of 18 to have sex, that person can be imprisoned for not less than 5 years nor more than 30 years.

In Massachusetts, consent is not a defense to a charge of statutory rape, which is defined as having sexual intercourse with someone under 16. As long as you are sure this girl was 16 and not almost 16, your son avoids a possible statutory rape charge.

But if this girl claims she was "induced" into having sex, your son can still face criminal charges. It will be up to the DA to make the decision whether or not to file criminal charges.

I would consult with a lawyer in Vermont and/or one in Massachusetts, which is where the charges, if any arise, would more than likely be filed.

Uh, Quince??? this boy is also a minor. Are you SURE about that????

 

[CJane]

Your son is from MA.
The girl is from VT.
Where was the trip? I'm not certain your son can be prosecuted under the laws of the state where the 'victim' or the 'perpetrator' LIVE - but must be prosecuted under the laws where the 'crime' occurred.

I could be wrong, in which case I'm sure I'll be chastised appropriately. But wouldn't this be like arresting kids for underage drinking in NY when they had a beer in Germany?

 

[VTmom]

Thanks for the reply...

Thanks for the info regarding coercion as defined in MA. I wasn’t sure which laws would apply since it technically happened outside of the US.

When she recanted her story, as was told to me by my son’s chaperone, the girl said “I wanted to, but my body didn’t cooperate.” (yes, she was a virgin, and it wasn’t actually consummated, they stopped when it hurt her). Her recanted story exactly matched up with what my son had told HIS chaperone.

So I am not sure if the coercion statue applies?

I am planning to have my son write down his recollection of the events as they occurred (with dates, times, as much detail as he can recall); my thought was to have him sign it, date it and we would copy it and mail the original to me and when it arrives, leave it in the sealed envelope as a record of when he wrote it up. I am going to ask his chaperone to also write out a ‘statement’ of sort, just so details don’t get lost over time.

 

[Silverplum]

Your son is from MA.
The girl is from VT.
Where was the trip? I'm not certain your son can be prosecuted under the laws of the state where the 'victim' or the 'perpetrator' LIVE - but must be prosecuted under the laws where the 'crime' occurred.

I could be wrong, in which case I'm sure I'll be chastised appropriately. But wouldn't this be like arresting kids for underage drinking in NY when they had a beer in Germany?

Prosecuted where the crime occurred.

Drinking beer is not the same as underage sex leading to teen pregnancy.

Fun clown quote...looks ever-so-slightly familiar.

 

[VTmom]

States

We are in VT - the girl is from MA

 

[VTmom]

Trip

The trip was thru several countries is Europe, I am not sure, but I think they were in Germany that night.

 

[CdwJava]

My son (17) was recently on a school sponsored trip out of the country.

In what country did the sex act occur?

If in Germany, then German law would apply. Unless it can be shown that they left the country intending to evade state law with reagrds to sex, then there is no crime that can be prosecuted here.

- Carl

 

[quincy]

Carl, 18 U.S.C. 2423 covers sexual encounters outside the U.S. and, if it is illegal in the U.S. then it is considered illegal wherever it occurs outside the U.S. as well, I believe. I understand, however, that this covers those cases where travel outside the U.S. had in its purpose the sexual encounter. In other words, kids can't travel to Mexico, have sex, and then not expect repercussions when one decides to cry "rape" later, even if the sex itself was legal in Mexico.

But, the more I read, the less I am sure of this.

Fairisfair, I checked for any "Romeo and Juliet" laws in Massachusetts, or any age-gap provisions, and could locate none. I located just what I printed above. I do not know, however, how zealously DAs prosecute teens - I think it depends largely on how intent the parents of a teen are in having it pursued.

I am certainly open to corrections, if Massachusetts has, in fact, joined the 23 or so other states that have lesser penalties for sex between those under 18, or if a "rape" occurring in another country is considered unprosecutable here.

 

[VTmom]

Quincy,

Thank you for the info. I guess I am trying to figure out exactly WHAT these other parents are hoping to pursue? Since she recanted her false rape allegation; and both were over 16, I am not sure what their legal (criminal) recourse is. I am sure that the schools (in MA and VT) are worried that they will be sued in civil court, by her parents, for lack of supervision.

I get that my son used REALLY poor judgement here, the purpose of this trip was not to 'hook up' with a girl; but I am NOT blaming the chaperones or schools. Two teens who want to have sex, will find a way to have sex.

Honestly, if they pursue this as a rape allegation, I will see an attorney to see if this constitutes slander against my son.

 

[quincy]

Sorry VT mom - I was editing my prior post when you posted.

It could very well be, as Carl and Silverplum and CJane wrote, that any "crime" can only be prosecuted in Germany (or in the country where the crime occurred) and not in Massachusetts and/or Vermont - but I am not entirely convinced that is the case yet. I am still researching.

A civil action could always be a possibility, over a lack of supervision by the schools, if the girls' parents are determined to bring the matter to court. I know there have been civil actions brought before against schools for this reason.

I agree that prosecuting teens who have consensual sex is a wee bit silly - and state laws are slowly being changed to reflect the reality that teens have sex. I don't see that Massachusetts has changed their laws yet, however.

Wait for others to post, and I will do some more research.

 

[Silverplum]

Thanks, Q.

I freely admit that I wasn't thinking about anyplace other than the USA when I made my remark. (As in, sex occurred in Colorado and everyone lives in Vermont: case prosecuted in Colorado. Yes, I know those aren't the states under discussion.)

So I could totally be wrong. Wouldn't be the first time.

 

[quincy]

Okay. Generally, when a U.S. citizen is in a foreign country, that U.S. citizen is subject to the laws of that foreign country.

HOWEVER, under the PROTECT Act, it is a crime, prosecutable in the U.S., for a U.S. citizen in a foreign country to engage in illicit sexual conduct in that foreign country with a person under the age of 18, whether or not the U.S. citizen intended to engage in such illicit sex prior to going abroad.

That is, from what I understand, the up-to-date status of the PROTECT Act of 2003.

So, it is possible for the girl and/or girl's parents to bring criminal action in Massachusetts for a sexual encounter that occurred in Germany (or elsewhere).

I am assuming, for now at least (since I have not been able to locate any "Romeo and Juliet laws" for Massachusetts that provide for age-gaps of a year or teen "peer-sex" provisions in their laws) that the parents could potentially look to the "inducing of a person under 18", M.G.L. Chapter 272 section 4, as a possible charge to bring - however ridiculous that may be for sex that was between two legally consenting people.

Massachusetts was considering a bill that would provide for a "1 year mandatory minimum sentence" for sexual encounters between minors and 18-or-older persons, or where there was a 5 year-or-more age difference between the sexual partners. This was considered last summer, but I do not know its current status, or if there were any additional peer-sex provisions included.

Again, if anyone has any additions and/or corrections to this, please add and/or correct.

And VTMom, slander could be a possibility, depending on where this whole matter ends up and how reputationally-damaging the charges are to your son. . . . but I think I would wait to see what the parents of the girl decide to do first. In my mind, it certainly would be best for all involved (especially the girl and your son) if there was no court action of any kind.

 

[Silverplum]

*crowns Quincy!*


Awesome job.