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Statutory Rape Charges Expiring?

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Williams02

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California -

Several months ago, I had sex with an underage girl. I am 18. The mother is now threatening legal action. A friend of mine mentioned a possibility that if they don't press charges after a number of months, then they legally can't. Is anything of this sort true?
 


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PaulE

Guest
You don't say how young. I am going to give you the benefit of the doubt and say she was no more than two years younger than you. A number of states have what is called a defense to prosecution. Which means if you were not more than two years, sometimes three (depending on state law) years older than the victim, and the sex was consensual, you can be found not guilty on that alone. On the other hand if the victim is youger than 15 yo, in most states, constitutes sexual assault of a child, and shame on you, you should of known better. Get an attorney.
 
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Williams02

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Sorry for not posting it before. The girl was 14 at the time, and is now 15.

Calatty: how many years before they are unable to press charges? Also, the mother has documented this incident, but done nothing more than threaten to turn the files into the authorities. Does the case still expire after 3 to 6 years if it has been documented and dated?
 
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PaulE

Guest
In most states 14 is considered a child, and she could not consent to having sex. Like I said in my earlier post, shame on you. You could be in very serious trouble and rightfully so. I can't believe the mother has not already pursued charges against you. I'm not sure about California law, but in Texas it could be reported up to ten years past her 18th birthday.
 
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JustTina

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Similar Question

This question is similar to one already asked by the 18 year old who had sex with a minor. I know a guy who had sex with a 14 year old girl who lied about her age. She has a history of lying about her age, and she continues to lie about her age and has sex with males aged 18 and over. She has even gotten pregnant by one of these males. The guy in question was charged for having sexual conduct with a minor. He was also labeled a "sex-offender," though at the lowest level of this offense. I'm just curious about other people's opinion of this charge and the sex-offender branding. My husband was 20 when he met me, and I was 16. I was underage, and in the state where I lived at the time, this was not the legal age of consent. So, by these standards, my husband of 18 years must be a sex-offender as well. And so must many of the guys I knew in and after high school who had consensual sex with underage girls. I also teach at a high school, and I am very aware of relationships between 18 year old boys and freshman girls. What does everyone else think?
 
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THEKIDUSN

Guest
just tina...was the sex offender registry the only thing he got? my husband is going throught the same thing right now. he was lied to by a girl and now he is being charged with second degree sexual assult on a child. this is in the state of wisconsin. we don't really know what is going to happen. i think it depends on the nature of the crime. i mean if they raped someone then they should have to register. but in the case of your friend he shouldn't.
 

stephenk

Senior Member
for all men. If the girl is young looking you run the risk of statutory rape (does not mean forceful rape!) charges if you have sex and she is later found to be underage. The basis of the rape charge is the legal theory that a minor is unable to give lawful consent to the act. Even if the girl says yes the law looks at her and looks at you and says you should know a minor is unable to know all the consequences of saying yes and you should, therefore you broke the law.

If you dont like the law, go about changing it.

Tina, technically your hubby did commit a statutory rape of you if you had sex with him while you were underage and unmarried.

KIDUSN, well I think you have other problems to deal with concerning your husband other than his claim the other girl lied about her age.
 
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THEKIDUSN

Guest
Mmy problems only consist of thes. the incident happened before i met my husband. he was questioned by the fbi and they dropped the case the state of wisconsin picked up the charges. he did not have sexual intercourse with the girl he only kissed her. you shouldn't have to ask for id when youare meeting someone. it is impossible to know someone't age these days with just looking at them i know a 23 year old girl taht gets carded evrytime she buys cigarettes. and i know a 14 year old girl that never gets carded when she buys beer. i believe that he didn't know. he would never do anything with someone that age.
 

stephenk

Senior Member
Someone is not telling you the truth. Your hubby cannot be facing sexual assault charges for only "kissing" a girl. Well, it might, depending on where he kissed her. Have you talked to the prosecutor regarding the complete story surrounding your hubbies case?
 
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THEKIDUSN

Guest
that is where you are wrong. second degree sexual assult in the state of wisconsin is having any sexual contact. sexual contact is defined as touching and kissing. this ranges from holding hands to oral sex. i know it sounds kinda strange that he could be charged with such a serious crime and not doing anything much. he talked to the fbi and his story matches the girl's story. but in that particular state that is the law.
 
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LINKINPARKSGIRL

Guest
i was 14 when i met my man and he was 18, and we are still together 13 years later.. it really truly depends on the people and the circumstances, i think we would all agree that maturity levels are all very different, some people are ready and some really have no comprehension.i really dont understand huge age gaps like 14 and 25 or something to that effect but it happens. and lots and lots of girls lie about their age ( me being guilty of same) and i will be 28 and still look very very young so it is true that you never can tell from looking
 
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THEKIDUSN

Guest
this all being true, if you were on a jury and were presented with this case would you convict him and if you did what sentence would you think he would get. she lied about her age. he has no prior record of anything whatsoever. remember that the law states that what he did is illegal. but should be be a convicted sex offender because of his lack of knowledge? i too have lied about my age i was 17 when i met him and told him i was 18. because i knew that if he knew i was underage he would not talk to me. he is a good person. he would never do this intentionally. it isn't rape he is charged with it sexual assult. there is a difference i suppose.
 

stephenk

Senior Member
Cow-boy has it wrong. The rape is not the non-consentual violent act people typically think about. It is called rape because the minor is unable to give consent under the law, even if she says yes to the act.

The discretion to file charges lie with the prosecutor. Typically, 16 and 17 year old girls having sex with guys over 18 but say under 21 are not usually charged.

Under 16 is where is gets the guy in trouble. Unless a 14 year old is dressed to kill, the lights are low and there is no reasonable way to tell she is not over 18, a prosecutor will bring charges against a guy over 18. How the two met also plays a part. Most adults dont usually hang out in places were young kids hang out. A guy meeting a 14 year old at a junior high and saying I didnt know she was underage doesnt carry much weight.

If the girl was in a bar and underage, the guy's defense is now much stronger since it is reasonable to assume only adults are in a bar.
 
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THEKIDUSN

Guest
right i suppose that where they met is a key factor. in this particular situation my husband met this girl through a friend of his. when they met is was during school hours on a school day. therefore he had reason to believe that she didn't attend school. furthermore there is now way to tell if a girl is underage just looking at her even in the light. suppose a girl is 5'9 with 34c size breasts. how old is she? she looks like any average over 18 female. but no this girl is 14. this is the decription of a girl i know. and take a girl 5'2 32a breasts. how old is she? she is 23 and has a child and is married. this fits the description of one of my friends. these days females are developing much faster. now i understand yes the law was broken....but shouldn't she get in trouble for lying to him in order to get some. i mean businesses get in trouble for false advertising yet females lie about a lot of things. these girls lie to many people about their age yet they are not taught and punished. in my opinion they are as much to fault if not more than he is. the law states that a person under the age of 16 does not have the hormones that lead them to want sexual gratification. that is not true. they want to be gratified jsut as much as any woman.
 
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