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friend surprised w/ statutory rape charges

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worriedfriend

Guest
What is the name of your state?What is the name of your state? NH
I'll try to make this as brief as possible. A friend of mine since childhood, male, 27, met a girl online. They chatted & webcammed for awhile, she then traveled by train from her home in RI to visit him in NH. She claimed to be 21; he believed & never thought to question her. After spending the night, he is driving her back to the train station so she can go home. His cell rings; it's RI police. They ask if he knows the whereabouts of this girl. He says, yes, she's right here. They say, do you know she's a 15 year-old runaway? He had no idea, but too bad for him.
Now he's in state prison with court-appointed defense. This incident happened 5 months ago, so it took awhile for the parents to press charges apparently. I am enraged that a disturbed teenage girl, trying to be a bad-ass, has potentially ruined the life of a good man.
Has anyone else been through a similar situation? Is there any helpful advice you can offer? Obviously, my friend was naive, & I'm now spreading the word to anyone I know not to trust anyone if they say they are of age. With all the ways of obtaining fake ID, it seems there is really no way to be sure anymore. But unfortunately, my time machine is in the shop & I cannot change what has already happened. Can anyone offer advice on what to do? Does anyone know if it's possible to use emails, computer history, etc. as evidence?
I wish there was a way to countersue this disturbed girl, or her parents, for all the harm & aggravation of this. However, being a realist, I'm just seeking any way to help my friend get back to a normal life & have this crap taken off his record.
Please feel free to email me directly at: [email protected]. Thank you for your time.
-Regards.
 


K

krispenstpeter

Guest
He had no idea, but too bad for him.
That about says it all.

I wish there was a way to countersue this disturbed girl, or her parents, for all the harm & aggravation of this.
and of course, your 'Friend' has no responsibility in any of this. Listen lady, your friend had the choice of asking this girl to provide proof of her age. He also had the choice of keeping his pants zipped. He made neither choice.

So, no matter how you cut it, your friend will pay the price. Regardless of how 'outraged' you are.
 
W

worriedfriend

Guest
whoa, now

Yikes, I wasn't looking to start a debate; I'm a pretty low-key person. I was only looking for input that might be of help. This is, after all, a Free Advice Forum. I guess this is my first taste of negative energy here & probably won't be the last.

You stated: "and of course, your 'Friend' has no responsibility in any of this." Actually, I said nothing of the sort, & didn't mean to imply like it either. As I stated in my initial post, yes, he was naive for taking her word for it. And if I could, I'd start a national ad campaign warning everyone not to have sex until they did a background check on the other party to verify legal age. But how often do people meet, in one venue or another, then after a while, eventually progress to a romantic or sexual relationship? It's a pretty natural part of life. Like I tried to convey... I've now become aware of this whole new type of risk out there. But I can't turn back time & tap my friend on the shoulder to let him know this 6 months ago.

This can't be an original case; it is so simple & yet so destructive. I'm sure that similar cases have happened & are happening at an alarming rate. And while there are cases of true criminals who deserve to be prosecuted for deliberately seeking sex with minors, there have to be others, like my friend, who thought they were pursuing a normal romantic relationship with another 'of age' individual, only to be surprised.

You also wrote: "Listen lady, your friend had the choice of asking this girl to provide proof of her age. He also had the choice of keeping his pants zipped. He made neither choice." Regarding the first choice: actually, how does one get proof of age anymore? There are numerous sites out there where quite authentic-looking fake IDs can be obtained very easily. So how does one really know for sure? And yes, he did have the choice of keeping his pants zipped. I'm not arguing, or seeking argument, about that. But sex in itself is not a crime, & having been deceived to think she was of age, he had no idea he was committing a crime.

I'm really not trying to start a debate. I agree with much of what you said. The whole situation, his part included, should never have happened. He had choices, and she had choices. My point in posting here is that there have GOT to be other cases where people unknowingly committed statutory rape. I am looking for actual constructive advice on those who have been there, had loved ones who have been there, or know enough about the issues at hand to help guide in the right direction. Any of those out there? Seriously, life is crazy enough without spewing hatred and anger, especially toward someone genuinely seeking advice & guidance.

Thanks to anyone who can help, either by posting here or emailing me.
 

divgradcurl

Senior Member
My point in posting here is that there have GOT to be other cases where people unknowingly committed statutory rape.
I'm certain there are others in this position -- but, you know what, it just doesn't matter. Statutory rape is a "strict liability" crime -- that is, it simply doesn't matter if the guy knew the girls age, or was lied to, or took reasonable precautions, or whatever, he's going to be responsible for the crime, whether he meant to commit the crime or not.

Here's a short paragraph on strict liability crimes that might give you some more info:

"Laws that don't require "mens rea" -- that is, laws that punish people who may be morally innocent -- are called "strictliability laws." The usual justification for a strict liability law is that the social benefits of stringent enforcement outweigh the harm of punishing a person who may be morally blameless. Examples of strict liability laws include:

"Statutory rape" laws which in some states make it illegal to have sexual intercourse with a minor, even if the defendant honestly and reasonably believed that the sexual partner was old enough to consent legally to sexual intercourse.

"Sale of alcohol to minors" laws that in many states punish store clerks who sell alcohol to minors even if the clerks reasonably believe that the minors are old enough to buy liquor.
Strict liability laws like these punish defendants who make honest mistakes and therefore may be morally innocent. Because the legal consequences of innocent mistakes can be so great in certain circumstances, people who find themselves in situations governed by strict liability rules need to take special precautions before acting."

http://criminal.findlaw.com/articles/1383.html

Can anyone offer advice on what to do?
Hire a criminal defense attorney, and hope that there isnot enough evidence to convict.

I'm just seeking any way to help my friend get back to a normal life & have this crap taken off his record.
Good luck.
 
K

krispenstpeter

Guest
My point in posting here is that there have GOT to be other cases where people unknowingly committed statutory rape. I am looking for actual constructive advice on those who have been there, had loved ones who have been there, or know enough about the issues at hand to help guide in the right direction. Any of those out there? Seriously, life is crazy enough without spewing hatred and anger, especially toward someone genuinely seeking advice & guidance.
And the point you still don't get or will probably NEVER get is legally, it matters not what others have gone through or any advice anyone who has gone through a similiar situation can give you.

This is a legal forum. As such, there is only one person who can offer a totally valid opinion on your friend's case. That is the District Attorney who will prosecute him or a defense attorney who will represent him.

Otherwise, there's not a thing you or anyone here can do. Period.
 
W

worriedfriend

Guest
Thanks to both of you for your crisp insight; it certainly is eye-opening. I wasn't so much looking for a 'legal opinion', but advice as to whether things like computer records, emails, etc. could be used as evidence? Perhaps I didn't make that clear, & if so, I apologize.

As for experiences of others, it appears I was mistaken. I was under the impression that past cases could sometimes be used to shed light on current cases. This seems (to my legally uneducated mind) to be why past cases are cited in texts, cases, & such. I now understand this is not necessarily the case.

Divgradcurl, thank you for your clear explanations, and for not needlessly jumping on me in the spirit of hatred and negativity. Not encouraging news, but I appreciate your honesty and time very much. Best to you!
 
W

worriedfriend

Guest
Yes, and how. Although I guess now that's pretty subjective, & don't suppose it will help in the courtroom, judging by what I've read here so far. Soon I think people will have to require a retinal scan upon meeting (she says, with a weary, slightly jaded chuckle).
 

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