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sexual crime

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pleasehelpme428

Junior Member
What is the name of your state (only U.S. law)? Florida

About 7 years ago I had intercouse with a minor who she said was of age. Well her parents came home and she wasnt. I did my time but my question is this... if the girl now of age wss willing to go infront of s judge and tell them that they said they wrre of age could it be taken off my record?

Thank you
 


cbg

I'm a Northern Girl
Almost certainly not. It was your responsibility to verify her age.
 

pleasehelpme428

Junior Member
Sorry. Forgot the most important detail (I was tired) she had a fake I'd..no longer has it but will admit she had one...does that change things?

Thank you
 

Ohiogal

Queen Bee
Sorry. Forgot the most important detail (I was tired) she had a fake I'd..no longer has it but will admit she had one...does that change things?

Thank you
No it does not change anything. Mistake of age is NOT a defense to statutory rape in Florida.
 

davew128

Senior Member
No it does not change anything. Mistake of age is NOT a defense to statutory rape in Florida.
No but perhaps it SHOULD be. When everyday citizens need to become experts on fake IDs like those who serve alcohol do, there's a real problem in this society.
 

cbg

I'm a Northern Girl
The problem (in this case) is not minors who lie about their ages, but adults who jump into bed with everything that moves whether they know that person or not. Mature adults have, or should have, better control over their hormones and impulses than to have sex with someone they don't know any better than that.

I do not disagree that the drinking laws in this country need revision. But that's got nothing to do with the OP's question.

OP, the girl could provide a signed, notarized statement witnessed by Eric Holder not only to the effect that she lied about her age and had a fake ID, but she could then go on to say that it was all her idea and she begged you to have sex with her, and it would STILL not remove it from your record.

Nor should it, in my opinion.
 

davew128

Senior Member
The problem (in this case) is not minors who lie about their ages, but adults who jump into bed with everything that moves whether they know that person or not. Mature adults have, or should have, better control over their hormones and impulses than to have sex with someone they don't know any better than that.
You forgot to state that this is your opinion, and only YOUR opinion.

I do not disagree that the drinking laws in this country need revision. But that's got nothing to do with the OP's question.
Nor did your comment, particularly since the drinking laws weren't mentioned.

OP, the girl could provide a signed, notarized statement witnessed by Eric Holder not only to the effect that she lied about her age and had a fake ID, but she could then go on to say that it was all her idea and she begged you to have sex with her, and it would STILL not remove it from your record.
So you see no LEGAL problem with a conviction of statutory rape (or something similar) against someone who was legitimately duped about the age of the minor.
 

cbg

I'm a Northern Girl
Goes without saying that it's my opinion. However, I doubt it if is only my opinion, even if it is not yours.

You're the one who first mentioned alcohol, pal.

No, I don't. Because first, I question whether he was "legitimately duped" and second, because he has AT LEAST as much responsibility to know who he is diddling as she has to correctly state her age.

All he has to do is keep his pants zipped. It's really not all that hard.
 

CdwJava

Senior Member
What is the name of your state (only U.S. law)? Florida

About 7 years ago I had intercouse with a minor who she said was of age. Well her parents came home and she wasnt. I did my time but my question is this... if the girl now of age wss willing to go infront of s judge and tell them that they said they wrre of age could it be taken off my record?

Thank you
And what happened at your trial when you brought this up? You DID bring this up, right????

Whether you can have your record expunged or sealed depends on the specific offense for which you were convicted. If your offense required you to register as a sex offender, apparently not.

Check here:

http://www.fdle.state.fl.us/content/getdoc/c83dd888-ef7a-448e-9a96-ba69fc4181f7/Seal-and-Expunge-Home.aspx
 

cbg

I'm a Northern Girl
If the two partners are incapable of exercising a modicum of self-control and need to indulge themselves with no further introduction, then yes.

I realize you're trying to make it sound stupid. What's stupid is jumping into bed with people you don't know. And for more reasons than the possibility of your partner turning out to be a minor. Read the family law forums for a few more reasons. Then try a few forums on public health. Ever heard of AIDS? Herpes? Failure rate of condoms? Condoms that break? (Assuming you've maintained enough brain cells to remember to use them.)
 

quincy

Senior Member
Florida statute 794.021 specifically rules out an ignorance of the age of a minor, or a misrepresentation of age by a minor, as a defense to having sex with a minor. It doesn't matter one whit that the minor lied.

If someone is still living with their parents in their parents' house, it should at least raise a question in one's mind as to the age of the individual. Meeting with the girl's parents should have been on pleasehelpme's list of things to do before having sex with the girl in the parents' house.
 

calatty

Senior Member
From a quick look at Florida law, sexual activity with a minor is a strict liability offense, which means your ignorance or mistake of the victim's age is not a defense.
In other words, any evidence that you made a reasonable mistake about her age, such as a declaration by her that she showed you a fake ID and said she was of age, is irrelevant now and would have been irrelevant then.
 

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