Evidence for Statutory Rape

[BOBBIG]

What is the name of your state? Oklahoma

I have recently found e-mails to my 15 year old daughter from a man who is over 21 (I think he is 26 or so). These e-mails talk about their sex life etc. Is this enough proof to use to file charges for statutory rape?

 

[hexeliebe]

A minor under the age of fourteen/sixteen is incapable of giving consent/agreement to engaging in sexual conduct which is otherwise prohibited by law and the agreement/consent of such minor to such activity should be disregarded by a jury in determining the question of the defendant's guilt.


This instruction is appropriate for rape and other sex crimes when the victim is a child below a particular age. This age is fourteen for prosecutions for rape in the first degree and sixteen for prosecutions for rape in the second degree and other sex crimes. See 21 O.S. 1991 & Supp. 1995, §§ 1111-1114.

The Oklahoma Court of Criminal Appeals held in Kimbro v. State, 857 P.2d 798, 799 (Okl. Cr. 1990), that as a matter of law a child under the age of sixteen cannot consent to oral or anal sodomy. In doing so, it overruled Slaughterback v. State, 594 P.2d 780 (Okl. Cr. 1979).

As to proof, that's a matter for the jury however, in the above instructions to Oklahoma juries for sex crimes published by the Judicial Review Committee, it's clear that any proof must be of a sex act, not just fantasy.

 

[BOBBIG]

Evidence of Rape

Thank you for the information. In the e-mails it talks about them being together, uses some very explicit language, talks about having a baby together, not just fantasizing about sex. Would this still be considered fantasy?

 

[hexeliebe]

unless you have substantiating proof then it's just words on paper.

 

[I AM ALWAYS LIABLE]

My response:

With that question, BOBBIG, and in conjunction with your forum name, it tends to make me believe that YOU'RE the one on the other end of those e-mails, and that you're asking these questions from her parent's point of view.

You're in deep, deep, trouble my friend.

IAAL


Hexy, it's on it's way to you.

IAAL

 

[hexeliebe]

I thank you sir and sorry for the server problems.

Damn things are just like women, only respond when you kick them in the ****

 

[JETX]

"These e-mails talk about their sex life etc. Is this enough proof to use to file charges for statutory rape?"
*** Possibly, depending on the exact statements being made. And though it may not be sufficient to prove PHYSICAL contact, it is likely that they can be used to show violation of sexual contact with minor violations.

I would suggest you print out the emails, with FULL headers and contact your local law enforcement. This predator needs to be removed.

 

[I AM ALWAYS LIABLE]

"These e-mails talk about their sex life etc. Is this enough proof to use to file charges for statutory rape?"
*** Possibly, depending on the exact statements being made. And though it may not be sufficient to prove PHYSICAL contact, it is likely that they can be used to show violation of sexual contact with minor violations.

I would suggest you print out the emails, with FULL headers and contact your local law enforcement. This predator needs to be removed.

====================================

My response:

JetX, that's what I was alluding to in my response. However, I don't believe our writer is "the parent". Thanks for bring my thoughts concerning the criminal violation to the forefront.

IAAL


Hexy, okay. It's coming at you again!

IAAL

 

[BOBBIG]

JetX thinks I'm the child

JetX: How funny that you think I'm my daughter. For your info I'm a registered nurse, 51 yrs old. I assure you this is my daughter I am talking about. I only found the e-mails this AM and was not sure if they would constitute evidence for stautory rape. I have been suspicious for some time but had no "proof", but it appears I have some now.!!!

 

[I AM ALWAYS LIABLE]

Re: JetX thinks I'm the child

JetX: How funny that you think I'm my daughter. For your info I'm a registered nurse, 51 yrs old. I assure you this is my daughter I am talking about. I only found the e-mails this AM and was not sure if they would constitute evidence for stautory rape. I have been suspicious for some time but had no "proof", but it appears I have some now.!!!

My response:

No, that wasn't JetX that felt that way. It was me. And, guess what? I still do. You see, a person who is wondering about whether they have violated a criminal code would have asked, "Would this still be considered fantasy?" And, you asked it. To me, it's a telltale sign of the reality of who's REALLY asking a particular question on these forums.

And, I think you're the "man who is over 21 (I think he is 26 or so)" who is doing the "asking" - - not the 15 year old.

IAAL

 

[HomeGuru]

After years of providing advice on a forum such as these, it becomes easier to determine who the writer actually is. It is a 6th or in this case, a sick sense.

 

[BOBBIG]

Well you can think whatever you want, I can't change that. But I still haven't gotten an answer to my original question. Will the e-mails be enough evidence for me to press charges against the SOB sleeping with my daughter.

 

[I AM ALWAYS LIABLE]

But I still haven't gotten an answer to my original question. Will the e-mails be enough evidence for me to press charges against the SOB sleeping with my daughter.

======================================

My response:

Read the responses that have already been given to you, once again. This time, read them slowly.

Apparently, you also have a comprehension deficit.

IAAL

 

[JETX]

Since you can't even get straight as to who is saying what, I am not surprised in your not reading and/or understanding MY post which DID answer your questions.

 

[I AM ALWAYS LIABLE]

Since you can't even get straight as to who is saying what, I am not surprised in your not reading and/or understanding MY post which DID answer your questions.

My response:

My point, exactly. Usually, a 51 year old "nurse" reads extremely carefully; e.g., doctor's notes and instructions. God forbid THIS original writer reads doctors' chart instructions like he reads this thread! Right, Mr. "Nurse"?

Geez. With that, I feel even more confident that I'm correct about who is, IN FACT, do the "asking" on this thread.

It's the GUY!

IAAL