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2nd Degree sexual assualt of a minor

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FrustratedinWI

Guest
I live in Wisconsin.

My fiance was charged with 2nd degree sexual assault of a minor back in January. The incident happened 4 years ago before I met him, he was 23 at the time, and she was 14. No doubt that he should get time no matter what, but he was sent to prison for 5 years with 5 years of probation. This is painful since we have a 2 year old daughter together, and another one on the way. The reason why the girl charged him was because she was jealous of his relationship with me, her now 18, she wanted a relationship with my fiance. This girl has a reputation of sleeping with a lot of guys, even some that I know personaly. She pretty much had a pitty story saying how much pain she was dealing with mentally from the experience. What happened is that they were both at a party, she came with her adult brother, and she was drinking, and so was my fiance. Things went to far. She consented, and even wanted him. I think he got an unfair sentence of 5 years, this is just something horrible, and I know it's a touchy subject for a lot of people, but he isn't a horrible person, he's a good person that made a very bad choice 4 years ago, and he's getting too much of a punishment for it. I guess I want to know if it's worth appealing this case, since there isn't much evidence of any kind. I also want to know about the Failure to Act law, and why her mother never reported the incident when her mother knew about it soon after it happened. Can't she get in trouble for that? And if so, how can I go about seeing to it that she does? The whole family has had a criminal past, and they are conveniently close to the judge that did the case. It was also mentioned in her diary that she had slept with the Judge's nephew, but we can't get our hands on the diary for the proof. It's very frustrating. If anyone can help in any way with answering any of my questions, especially about the failure to act law, I'd appreciate it greatly. If I can't do a lot for my fiance in prison, I want to make sure her family pays for doing this to us just because the girl was jealous, and wante me out of his life if she couldn't have him. Thank you.
 


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FrustratedinWI

Guest
There is no question that he has to pay for his actions, but 5 years is the max for 2nd degree sexual assault. This person repeatedly called him up, and came over, and continued to want to be with him, after her saying how much turmoil this caused her. She is milking the system, and she knows it. She's not a nice person, I know her and her family, and they all have a criminal past. We have a 2 year old child together, and one on the way, and it wouldn't be fair to the kids if he has to sit 5 years in prison, just because this person felt like causing trouble. No matter the circumstances, she shouldn't have screwed with his life like that when he was getting back on track. Prison in his case will do him more harm than good. I guess you can't really explain your reasons in these forums as well as you want to, since every case here is different, and you're gonna have people say "well that's what they deserve" in some cases, it's not. He admitted in the statements that he did it, and his story was the same as hers, he didn't lie about anything, but she did. How is this justice?
 
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Happy Trails

Senior Member
**Can I ask how old you are?

**The reason I ask, is he certainly made a big mistake whether he was drinking or not. Making excuses for him, saying she wanted him while she was in an intoxicated state.
We don't know what she may have done or if she had regretted it later. As to how this affected her and how she coped with it for the past 4 years by sleeping around a lot, this all started due to his actions.

**Teenagers are as vulnerable as children to sexual exploitation due to their "sense of immortality," mobility, naivete, lack of worldliness and "savvy necessary to stay[ing] safe," and emotional neediness, all of which makes them easy targets for adults (MCMEC, The FrontLine, December 1997).

**He should not have been at a party with underage drinkers. He shouldn't have used bad judgment intoxicated or not. What would he do if he had found himself in this same situation today?

**I hope he didn't play his adult games with you while you were a minor.
 
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rmet4nzkx

Senior Member
There is an example earlier today of a 14 year old child getting 6 years for having sex with a 13 year old girl, and yes she is having troubles too. So your child's father getting 5 years for statuory rape isn't out of line.
 
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FrustratedinWI

Guest
Yeah, I expected these responses, especially since I can't explain the full case in this post since it would take me forever. I am 26 years to answer someone's question. I wish I could explain as to why I think it's bogus as to why he got this much time. I realize that it's a crime to do it, and yes, he deserves time for this no matter what, I am not condoning what he did was RIGHT, it was WRONG, I know this, and we all know this. I asked a question to see if anyone knew about these laws, or if they could help, not pass judgement. He was already in the court of law and in front of a judge, and his judge decided on this sentence, I just don't agree with it. I must also mention that the nephew of the judge slept with the girl also when she was underage, and he was an adult and it's actually a conflict of interest, so the judge should never have had him in court to begin with. It was stated in the diary of this girl, that she slept with his nephew, the judge saw the diary and now poof, it's gone. His nephew is in the navy, and I just smell a cover-up to save his nephew. She has also slept with a guy at the fire dept. when she was 16, but never went after him. There is a reason she went after my fiance, and that was because she was jealous. Otherwise, she WANTED a relationship with him, and he refused. This is when this all began. I can live with him getting time for this, but under the circumstances, and all the bull**** going on behind this, I think his sentence was unfair, and I hope I explained that well enough for you guys to understand where I am coming from, and to stop judging him and to please to answer my first initial question that I addressed in the beginning of the post. I have talked to a private defender since the first post, and he couldn't believe the sentence that was handed down for a first offense. The lawyer asked if he had any a criminal record, I told him no, and he was just dumbfounded.
Thanks for listening to me babble.
 
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rmet4nzkx

Senior Member
If the judge knew he would have recused himself, just because his nephew commited statuory rape doesn't mean the judge knew.

Sounds as if 5 years was a minimum sentence it could have been 25 years , :eek:
 
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dequeendistress

Senior Member
Well you may not have been privy to any other charges or convictions the man may have. His sentence could have been longer and what would you wish for: probation? If he has a good behavior record he may get out earlier anyway.

When was his initial sentence handed down? Since the event occurred 4 years ago, are you sure he was not already on probation and somehow violated the conditions thereof? By the way the girl did not charge him, the prosecuter charged him with the crime and he plead guilty, the time to challange any of the charges was PRIOR to pleading guilty.

Without proof of your allegations that this girl is the town HO, you could be charged with slander as well. So be careful who you relate what you think you know to, unless you were there, HOW would you know.
 
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FrustratedinWI

Guest
Ok again, no one is trying to answer any of my questions, which is all I asked for. This is more complicated than what I can put on here. Five years IS the max at what he got, I talked to a criminal defense lawyer, and he said it himself. I know what happened between these two, from the reports, and eye witnesses, I'm not blinde to what happened. As I said before, I just wanted an answer to my queston about the Failure to Act law, cause I would love to get her mom and brother for that, since they... well they are just horrible people to begin with. I'm getting frustrated now, because I'm trying to explain the situation to the forum, and all I'm getting is negative responses, and no help. If anyone could be of HELP, please reply, if not, please just skip this post all together. I won't get in trouble for any slander, if I do, then the girl will too, since she emailed me telling me I was a b*tch. I don't wanna hear anymore of how this is what he deserves, and blah blah blah, just please answer my question that was posted in the oiriginal post. I am not promoting that sexual assault is a minor issue, my sister was raped from the time she was 9 till she was 15, and the man just ended up getting fined. So this is why this is pissing me off so much. Why do some men get a slap on the wrist, while others have to really pay? Anyways, thanks again.
 
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dadinmo

Guest
you can subpoena the diary

But I do not expect it to help you win relief, perhaps a new trial. The fact is he had sex with a minor, and that is a crime, no ifs and or buts about it. Sorry, good luck with your daughter. The failure to act is a criminal matter and therefore you would have to go thru the prosecutors office where they live.
 
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rmet4nzkx

Senior Member
FrustratedinWI said:
Ok again, no one is trying to answer any of my questions, which is all I asked for. This is more complicated than what I can put on here. Five years IS the max at what he got, I talked to a criminal defense lawyer, and he said it himself. I know what happened between these two, from the reports, and eye witnesses, I'm not blinde to what happened. As I said before, I just wanted an answer to my queston about the Failure to Act law, cause I would love to get her mom and brother for that, since they... well they are just horrible people to begin with. I'm getting frustrated now, because I'm trying to explain the situation to the forum, and all I'm getting is negative responses, and no help. If anyone could be of HELP, please reply, if not, please just skip this post all together. I won't get in trouble for any slander, if I do, then the girl will too, since she emailed me telling me I was a b*tch. I don't wanna hear anymore of how this is what he deserves, and blah blah blah, just please answer my question that was posted in the oiriginal post. I am not promoting that sexual assault is a minor issue, my sister was raped from the time she was 9 till she was 15, and the man just ended up getting fined. So this is why this is pissing me off so much. Why do some men get a slap on the wrist, while others have to really pay? Anyways, thanks again.
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Look he got the max for a lessor offense what he did was statory rape he was much older and knew berrer so 5 years is getting off easy compared to 25+ it they are going the charge the mother they will they won't do it so your can get your pound of flesh, I'm sorry you picked a rapest to marry, will he have to regesiter as a sex offender when he get's out, then you will have other problems, these are facts not what you want to hear.
 
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FrustratedinWI

Guest
I would like to thank "dadinmo" for at least trying to be civil in answering my questions. My fiance is NOT a rapist, and it really irks me that you would say something like that when I'm going through this. 25+ years is not the max, I assure you of that. Twenty years is the max for 2nd degree, normally for a crime that has happened recently and that is extremely violent, those are the guys that normally get that kind of sentence. First degree sexual assault of a minor is 40 years, two offences of 2 different people, is life.

My fiancee is not a violent person, he did something very wrong 4 years ago, which he knows, I know, everyone knows, NO ONE denies that. I can't seem to point that out enough to you guys, that I KNOW what he did was wrong, I'm not saying it's not.

HE DOES deserve prison time, but I do think that 5 years is way too much, considering the things going on with his case. I can't seem to explain why he was unfairly punished because I would be getting in to a lot of specifics which would make me type more and more, and I already type enough as it is.

The whole point of me writing in this forum is for someone to answer a question for me. That is all. I didn't want someone to tell me that I'm gonna be marrying a rapist, or post some other rude comment, especially when I'm try to deal with the fact that my kids or I won't be able to be with him for 5 years, that is hard enough, and I hope that if any of you were in this kind of situation, that people are more understanding to you and what you are going through.

It's not easy going through this, and it's not easy for anyone else that has to deal with their loved one going to prison. There's a difference between evil people that deserve to be behind bars, and people that have screwed up, but know what they did was wrong, yet are charged 4 years later over something they did, just right out of the blue.

I can't stress enough over the fact that this girl has always had a fascination with older guys, and my fiancee wasn't the first to do this. He shouldn't have, but he did, but so did other guys, and he was the one she went after because she wanted to have a relationship with him when she got older, and he refused because he was with me, and he knew he made an error in judgement 4 years ago and wanted to move on. I hope that you guys understand that. I'm not making excuses for him, I'm giving you the facts of the situation, because I'm going through this, and no one else is. Sorry if I come off as bitchy, it's just that some of you aren't getting at what I am saying, and I'm getting frustrated.

If you research online, you will see about "Truth in sentencing" and that basically went into effect because they NEED to fill up the prisons since they keep building more and more prisons here in WI, and need to fill them so that they can get a buck by keeping the prisonors in for their whole sentence without parole (depending on the crime.) The taxpayers are paying for all this, and they keep building and building. Just because something is "the law" and goes through the court doesn't mean you get justice out of it. There are too many people everyday getting screwed by the law, and not enough people aren't getting helped. A prime example, the O.J. Simpson case, do you really think he was innocent? Who got screwed in that whole mess... That's my point, not every decision made by a judge or Jury is always the best or right decision (but we have to abide since it's "The Law") which is why an appeal is currently being processed for this case as I sit here typing


*I'd like to add that I found this online for the state of Wisconsin;

FAILURE TO ACT. A person responsible for the welfare of a child who has not attained the age of 16 years is guilty of a Class C felony if that person has knowledge that another person intends to have, is having or has had sexual intercourse or sexual contact with the child, is physically and emotionally capable of taking action which will prevent the intercourse or contact from taking place or being repeated, fails to take that action and the failure to act exposes the child to an unreasonable risk that intercourse or contact may occur between the child and the other person or facilitates the intercourse or contact that does occur between the child and the other person.(s. 948.02(3)).
Resource << http://danenet.wicip.org/dcccrsa/saissues/chsalaws.html >>

I will aslo add this for the state of Wisconsin;

Second Degree Sexual Assault: A person can be imprisoned not more than 20 years and/or fined not more than $10,000 for committing second degree sexual assault. This includes:

* sexual intercourse or sexual contact without consent through the use of threat or violence, or
* sexual intercourse or sexual contact without consent which causes injury, including illness, disease, or impairment of a sexual reproductive organ, or mental anguish requiring psychiatric care, or
* sexual intercourse or sexual contact with a person known by the perpetrator to be unconscious or mentally ill or mentally deficient, or
* sexual intercourse or sexual contact without consent while aided by one or more persons, or
* sexual intercourse or sexual contact, with or without consent, with a person 13, 14, or 15 years of age. <--this is the category he falls under, and it WAS consented, and not a violent crime AT ALL. Of course we know a 14 year old can't make the right decision in having sex at that age, and that is why it was wrong. It's ILLEGAL. And in my opinion really disgusting, and I wonder why till this day why he did it, but that was 4 years ago, and you can't change what happened.
Resourse << http://www.uww.edu/staffair/womensctr/page8.htm >>

Sorry for this being so long, I just wanted to put all this in. I'm sure I'll get more people telling me that he deserved what he got no matter what I type, so whatever, I don't care anymore, I tried my best to explain this as best as I could, but I thank you all anyway for taking the time to read this if you made it all the way through. I'm done b*tching for now :)
 
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rmet4nzkx

Senior Member
First you say, "Five years IS the max at what he got, I talked to a criminal defense lawyer, and he said it himself. " then you say it is 20 years, you can't keep your story straight. What did HIS criminal defense attorney say? What did the judge say? He is a rapist, he was convicted on a lessor charge but by your own admission he had sex with a minor that is a statuory rapist. Does he have to register as a sex offender when he gets out, you didn't answer that, if so who will you chose to live with, him or your children?

You are not the one who decides if the mother is charged with anything. Her daughter was RAPED by an adult who knew better, should not have been drinking and having sex with impaired minors, that is violent because she was impaired by alcohol, that is force, not consent by definition. If he had been put away sooner he wouldn't have knocked you up and you wouldn't be here complaining about how unfair the world is to your rapist boyfriend, at this rapist boyfriend.

Quit making excuses for him and yourself and get a life while you and your children while you can.
 
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FrustratedinWI

Guest
I appreciate your reply, I understand what you're saying and that you are trying to help. Yes, it is 20 years, but when I talked to a criminal defense lawyer, he told me he got the max, 5 years prison and 5 years probation, don't ask me why they said it was the max, they just did, and that's the truth. It says on the website 20 years, but this is what I was told by 2 criminal defense lawyers. In my post, I clearly state that he did commit this crime, and yes it was wrong, and yes he should be punished and have prison time. This girl is obviously screwed up in the head, but her parents did nothing to help her when she was younger so that her sexual behavior and her drinking could have been avoided. It starts with the parents, ESPECIALLY if they knew about the incident, which they did SOON after it happened. If I knew my daughter was "raped" or what not, I would have reported it right away regardless, which I'm shocked she didn't do. My fiancee has no prior charges/convictions to sexual assault, or any other crime for that matter, he's not violent in anyway. Yes, he did something extremely wrong, he should sit in jail/prison and serve time, no doubt about that. I don't condone what he did was right at all. If I was making excuses for him I'd be saying he doesn't deserve time in prison or anything for that matter. Honest to God, he's a great person that made a major error. The only question I had was about the failure to act law, because if you knew what kind of people these were, you would understand why I'm looking into it. Her brother was just recently sentenced with kidnapping his underage girlfriend and taking her out of state, and the mother was involved and gave them the money to leave. He was sentenced to 60 days in the county jail, and only served 30. Her other brother was charged 3 times with domestic violence, the mother was charged for disorderly conduct, and the father has many drunk driving and disorderly conducts under his belt. This whole family is screwed up, and they try to make other people's lives as miserable as theirs. I cannot make anyone here understand, which is fine, I'm sure you all will tell me I should leave or take off or what not, but that won't help me here, I just asked a question and needed it answered, that's all. I already got the information on the failure to act law from my lawyer, but wanted to reply to this anyway, cause I'm pathetic and I'm up way too late. The lawyer said that something can definately be done about the mother not reporting it. I type too much, sorry guys :)
 
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Shay-Pari'e

Senior Member
FrustratedinWI said:
I would like to thank "dadinmo" for at least trying to be civil in answering my questions. My fiance is NOT a rapist, and it really irks me that you would say something like that when I'm going through this. But he is, maybe not in your mind, but he is.

25+ years is not the max, I assure you of that. Twenty years is the max for 2nd degree, normally for a crime that has happened recently and that is extremely violent, those are the guys that normally get that kind of sentence. First degree sexual assault of a minor is 40 years, two offences of 2 different people, is life. Then why are you asking ? My fiancee is not a violent person, he did something very wrong 4 years ago, which he knows, I know, everyone knows, NO ONE denies that. I can't seem to point that out enough to you guys, that I KNOW what he did was wrong, I'm not saying it's not. You don't get it.

HE DOES deserve prison time, but I do think that 5 years is way too much, considering the things going on with his case. I can't seem to explain why he was unfairly punished because I would be getting in to a lot of specifics which would make me type more and more, and I already type enough as it is. This is because you can't explain the law,or the fact that he is a sxual offender serving 5 years.

The whole point of me writing in this forum is for someone to answer a question for me. That is all. I didn't want someone to tell me that I'm gonna be marrying a rapist, or post some other rude comment, especially when I'm try to deal with the fact that my kids or I won't be able to be with him for 5 years, that is hard enough, and I hope that if any of you were in this kind of situation, that people are more understanding to you and what you are going through. The fact is, most people do not deal with this, or subject our children to sex offenders.The whole point of you writing is clear, and your postings to others is clear.


It's not easy going through this, and it's not easy for anyone else that has to deal with their loved one going to prison. There's a difference between evil people that deserve to be behind bars, and people that have screwed up, but know what they did was wrong, yet are charged 4 years later over something they did, just right out of the blue. This was not out of the blue. When your children are 14 years old, please let us all know how you feel. I have a feeling this fall's on deaf ears considering you are already
subjecting your child/children.


I can't stress enough over the fact that this girl has always had a fascination with older guys, and my fiancee wasn't the first to do this. Couldn't control himself with a child?


He shouldn't have, but he did, but so did other guys, and he was the one she went after because she wanted to have a relationship with him when she got older, Point being, she is a child and the adult's in this situation had the responsibility of sending her on her marry way, but he didn't.

and he refused because he was with me, and he knew he made an error in judgement 4 years ago and wanted to move on. He can't move on from raping a 14 yr. yr old child., that is what you are making excuses for.

I hope that you guys understand that. I'm not making excuses for him, I'm giving you the facts of the situation, because I'm going through this, and no one else is. Sorry if I come off as bitchy, it's just that some of you aren't getting at what I am saying, and I'm getting frustrated. Your frustrated because no one is telling you what you want to hear. We get what you are saying.


If you research online, you will see about "Truth in sentencing" and that basically went into effect because they NEED to fill up the prisons since they keep building more and more prisons here in WI, and need to fill them so that they can get a buck by keeping the prisonors in for their whole sentence without parole (depending on the crime.) The taxpayers are paying for all this,

Trust me, the tax payers do not want to house your sex offender boyfriend, but we must under the law.

and they keep building and building. Just because something is "the law" and goes through the court doesn't mean you get justice out of it. There are too many people everyday getting screwed by the law, and not enough people aren't getting helped. A prime example, the O.J. Simpson case, do you really think he was innocent? Who got screwed in that whole mess... That's my point, not every decision made by a judge or Jury is always the best or right decision (but we have to abide since it's "The Law") which is why an appeal is currently being processed for this case as I sit here typing


*I'd like to add that I found this online for the state of Wisconsin;

FAILURE TO ACT. A person responsible for the welfare of a child who has not attained the age of 16 years is guilty of a Class C felony if that person has knowledge that another person intends to have, is having or has had sexual intercourse or sexual contact with the child, is physically and emotionally capable of taking action which will prevent the intercourse or contact from taking place or being repeated, fails to take that action and the failure to act exposes the child to an unreasonable risk that intercourse or contact may occur between the child and the other person or facilitates the intercourse or contact that does occur between the child and the other person.(s. 948.02(3)).
Resource << http://danenet.wicip.org/dcccrsa/saissues/chsalaws.html >>

I will aslo add this for the state of Wisconsin;

Second Degree Sexual Assault: A person can be imprisoned not more than 20 years and/or fined not more than $10,000 for committing second degree sexual assault. This includes:

* sexual intercourse or sexual contact without consent through the use of threat or violence, or
* sexual intercourse or sexual contact without consent which causes injury, including illness, disease, or impairment of a sexual reproductive organ, or mental anguish requiring psychiatric care, or
* sexual intercourse or sexual contact with a person known by the perpetrator to be unconscious or mentally ill or mentally deficient, or
* sexual intercourse or sexual contact without consent while aided by one or more persons, or
* sexual intercourse or sexual contact, with or without consent, with a person 13, 14, or 15 years of age. <--this is the category he falls under, and it WAS consented, and not a violent crime AT ALL. Of course we know a 14 year old can't make the right decision in having sex at that age, and that is why it was wrong. It's ILLEGAL. And in my opinion really disgusting, and I wonder why till this day why he did it, but that was 4 years ago, and you can't change what happened.
Resourse << http://www.uww.edu/staffair/womensctr/page8.htm >>

Sorry for this being so long, I just wanted to put all this in. I'm sure I'll get more people telling me that he deserved what he got no matter what I type, so whatever, I don't care anymore, I tried my best to explain this as best as I could, but I thank you all anyway for taking the time to read this if you made it all the way through. I'm done b*tching for now :)
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You can't explain this away. You want this situation with a sex offender, so there is nothing more to say.
 
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