rape?

[littleJimtater]

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

The day our daughter turned 16, a 25 year old man from Ohio came and picked her up from her place of employment and immediately drove her back to Ohio where he had sex with her. As parents we were worried sick and phoned the police who tracked them down and phoned us. Our daughter was put in a detention center, the 25 year old creep walked free. We had to drive to Pennsyvania, PA to pick her up. This is standard operation to pick up young girls in his home town as he has a MySpace web account. My question is..do we have any recourse. Ohio says no and Illinois says no. We have been searching for an answer to this for quite awhile now.
Thanks from Illinois

 

[Silverplum]

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

The day our daughter turned 16, a 25 year old man from Ohio came and picked her up from her place of employment and immediately drove her back to Ohio where he had sex with her.

Out of the clear, wide blue?
Or she had made a date with him?

As parents we were worried sick and phoned the police who tracked them down and phoned us. Our daughter was put in a detention center, the 25 year old creep walked free. We had to drive to Pennsyvania, PA to pick her up. This is standard operation to pick up young girls in his home town as he has a MySpace web account. My question is..do we have any recourse. Ohio says no and Illinois says no. We have been searching for an answer to this for quite awhile now.
Thanks from Illinois

Do you mean, the DA in OH and the DA in IL say no charges?

 

[Ohiogal]

Did you try to pursue Kidnapping? Contributing to delinquency of a minor? Or just statutory rape? Which this wasn't according to Ohio statutes.

 

[justalayman]

ohiogal, would it be possible to make this a case under the Mann Act? If so, how would one initiate such an action?

 

[Ohiogal]

ohiogal, would it be possible to make this a case under the Mann Act? If so, how would one initiate such an action?

The Mann Act is federal and hence that would be through Federal court which would require federal involvement (FBI, Federal prosecutor). The problem is the sex act itself is not illegal which poses problems with charging him under the Mann Act.
Additionally, this could possibly be an argument against having him charged:

Sexual intercourse after interstate transit for purpose other than suchintercourse was not offense under 18 USCS @ 2421. United States v Grace (1934, CA2 NY) 73 F2d 294. If solepurpose of trip was legitimate, purely incidental intent to haveillicit relations was not federal offense under predecessor to 18USCS @ 2421.Yoder v United States (1935, CA10 Okla) 80 F2d 665;United States v Pape (1944, CA2 NY) 144 F2d 778, cert den (1944)323 US 752, 89 L Ed 602, 65 S Ct 86; United CA2 NY) 144 F2d 778,cert den (1944) 323 US 752, 89 L Ed 602, 65 S Ct 86; UnitedStates v Jamerson (1944, DC Iowa) 60 F Supp 281.

And for those that don't know:
http://www.fau.edu/~tunick/courses/conlaw/mann.html

 

[Shay-Pari'e]

How did she wind up in PA?

 

[littleJimtater]

Hi...No she did not make a date. She had been asked to do this online. We had given the harddrive to the Ohio police AND the Illinois police. He said he saw her at a cousins birthday in Ohio and decided to ask her online because he was shy. For whatever reason..it worked on her as Im sure it does on many "lookin for love young girls" He just showed up at her work...as a surprise. Illinois

 

[Shay-Pari'e]

Can you please answer the question of how she wound up in PA?

 

[Shay-Pari'e]

Hi...No she did not make a date.

YET:[QUOTE]She had been asked to do this online. We had given the harddrive to the Ohio police AND the Illinois police. He said he saw her at a cousins birthday in Ohio and decided to ask her online because he was shy.

For whatever reason..it worked on her as Im sure it does on many "lookin for love young girls" He just showed up at her work...as a surprise. Illinois

[/QUOTE]

Doesn't sound like he *Just showed up*.

 

[justalayman]

The Mann Act is federal and hence that would be through Federal court which would require federal involvement (FBI, Federal prosecutor). The problem is the sex act itself is not illegal which poses problems with charging him under the Mann Act.
Additionally, this could possibly be an argument against having him charged:


And for those that don't know:
http://www.fau.edu/~tunick/courses/conlaw/mann.html

thanks O. I can always count on you for a good answer.


If the sexual intent was know or discussed while she was in Illinois, there seems to be multiple statutes that would allow prosecution of the guy.

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=072000050HArt.+11&ActID=1876&ChapAct=720 ILCS 5/&ChapterID=53&ChapterName=CRIMINAL+OFFENSES&SectionID=60625&SeqStart=13100000&SeqEnd=16500000&ActName=Criminal+Code+of+1961.


Lots of possibilities there.

 

[mike_lee]

There must be some details missing because this is what prosecutors live for.

You could go after him in civil court.

 

[Hottmoma]

Doesn't sound like he *Just showed up*.[/QUOTE]

Hmmmm you knew Shay would have a smart remark?!?

 

[Shay-Pari'e]

Doesn't sound like he *Just showed up*.

Hmmmm you knew Shay would have a smart remark?!?[/QUOTE]

Educated people make smart remarks.

Where is your advice moma? (What is a moma anyway?)