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both kids underage

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T

thoehne

Guest
What is the name of your state? Idaho

CBG - I found out this weekend that my son and his girlfriend are having sex. They got drunk a few nights ago, had sex, and afterwards his girlfriend became ill and passed out. Her parents came and got her and took her to the hospital. The girl claimed she didn't remember whether she and my son had sex THAT night, so, her parents had a rape kit done. Now her parents are trying to decide if they should press charges or not. Both of the kids are 15. Their daughter is actually one month OLDER than my son. They are claiming he got her drunk and took advantage of her. My son claims that his girlfriend was an active participant. What can I do? Idaho law states that Rape is defined as having sex with a girl under 18. Does it matter that my son is actually YOUNGER than this girl? Any advice would be appreciated.
 


cbg

I'm a Northern Girl
This is beyond the scope of my knowledge. I've answered a few like questions having to do with my own state, or nearby states that I've picked up the law for, but my field is employment law, I'm not an attorney, and I don't know Idaho law at all beyond my own field. Hopefully someone else will wander by who does know. Sorry I can't help.
 

Beth3

Senior Member
The law presumes that a minor is under the age of consent. It doesn't matter if she was an active participant or not - under the law, she was UNABLE to vountarily consent to sexual activity.

I suggest you consult a criminal attorney immediately. Even though he is only 15 as well, he could end up convicted of statutory rape, and he might well have a "sex offender" crime on his record for the rest of his life. Get an attorney fast.

I suspect you're going to have to keep an open mind about all this and what the facts really are - now that the jig is up (underage drinking and sex), both kids are undoubtedly in CYA mode with their respective parents.
 
T

thoehne

Guest
Thanks for the info and advice. It seems so unfair that the boy is automatically at fault. Especially when he is actually the younger of the two.
 

Beth3

Senior Member
By all of a month. I'd drop that argument now - it's silly.

The fact that they're the same age will very likely have some favorable bearing on your son's situation. An attorney can advise you.
 

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