statutory rape

[summerduggan]

What is the name of your state? Utah

My son dated a girl, she was 15 he was 17, she lived in Utah, he lives in Nevada,
On weekends he would go stay at her home with her mother....they started having sex.
Every weekend the mother let him stay, she liked him....He turned 18, the girl a month later 16....The mother got angry with my son and has filed charges against him ... The charges are.... "UNLAWFUL SEXUAL ACTIVITY WITH A MINOR" (Says class B....States he is to make an appt to book himself in before court date. States he will then be released on own recognizance. My questions are...when he books himself will he stay in jail at all before the release on recognizance?....Will he be considered for registered sex offender?
Does her mom hold any responsibility for not supervising them through the year he was 17 and her 15? I am very scared for him..he has never been in trouble before...He loves the girl and has been seeing a counselor and got put on meds becasue of the depression from not being allowed to see her anymore..( before he recieved the notice of legal action)
I am confused about the age laws, any and all help appreciated..thank you

 

[Raptoer]

It is possible that he will be put on the sex offender list. As it was not a violent offense he can later (after probation, if any) appeal to be removed from the list, and probably will be.

He will not go to jail when he books himself, he might go into holding just so they have somewhere to put him. But since it is by appointment, he will probably go in, have the arraignment, then be able to leave free of bail.

Your best chance for getting him off the hook is to convince the mother to go to the DA and ask the prosecutor in charge of the case to drop it.

I am not a lawyer, this is not legal advice.

 

[LeeHarveyBlotto]

What is the name of your state? Utah

Does her mom hold any responsibility for not supervising them through the year he was 17 and her 15?

To the same degree as you did, I'd say. What were you doing about it?

 

[summerduggan]

Thank You for your response I appreciate it very much.

What I did about it was nothing, to my failure..All that I knew was this was a responsible mother and that she allowed my son to stay becasue of the long drive. I had only assumed that she would not allow her daughter to sleep with him. Your right I should of done better.

 

[Raptoer]

After a little digging (The Utah law site was a little convoluted) I came up with the law.

http://le.utah.gov/~code/TITLE76/htm/76_05044.htm This law has to do with 14-16yr olds
But here is the interesting part.

(3) A violation of Subsection (2) is a third degree felony unless the defendant establishes by a preponderance of the evidence the mitigating factor that the defendant is less than four years older than the minor at the time the sexual activity occurred, in which case it is a class B misdemeanor.

2 year age difference, this law says that under a 4 year age difference is a class B misdemeanor.

http://le.utah.gov/~code/TITLE76/htm/76_05046.htm This law has to do with 16-18yr olds
It does not have that provision, all are class 3 felonies.

I do not know what this means, if it was just a bungle that never got fixed, or what.

The only thing I could tell your is that a lawyer is way more qualified to answer this question than I am.