possible statutory rape charge?

[jiggy78]

What is the name of your state (only U.S. law)? PA


In 1999 and 2000 I was 20/21 and living in PA. I had consensual sex about 10 times with a girl who was 16/17 at the time. We remained "friends with benefits" over the next few years and got together about twice a year (and had sex). The last time I saw her was in 2006. She told me sometime in 2007 she was engaged and was moving on in her life and did not want to keep in touch any more. That was the last I heard from her but apparently she saved all our emails. (which were NOT sexual in nature, just chit chatty).

Fast forward to this past Monday. I was contacted by a detective in the county she lives in (about 50 miles away) because she was found dead and they have reason to believe someone she was involved with online had something to do with it. (I did find news articles that she was had been found dead under suspicious circumstances so I know it was not a prank). I told the detective that I had not talked to her in approximately 5 years. He asked if he could come meet with me for an interview.

I am considering simply telling the detective that I have not had any contact since 2007 and that I would not be answering any questions. Is this the best course of action? I am concerned because if I tell him when we met and the nature of our relationship I am basically admitting to having sex with a minor.

 

[tranquility]

Never lie to the police. But, you don't have to say all the facts you know. You don't really have to say anything. Freedom of speech (or not to speak) and all that.
But, if you are sure she was 16 at the time, since modern statutes seem to have that as a key age, I wouldn't worry too much about things.

 

[las365]

A quick google search found the Pennsylvania statutes that show the current statutory sexual assault law pertains to sex with someone younger than 16 if the older person is four or more years older. If that was true them you probably have no worries about whether you broke the law. http://www.ageofconsent.com/pennsylvania.htm

That being said, my guess is that a homicide detective investigating a murder today could not care less about prosecuting you for having sex with the victim 13 years ago when she may have been under 16.

Since you say you haven't seen or contacted her in several years you probably have nothing to fear from granting an interview, but you know, strange things can happen and while I think it would be the right thing to do to assist if you can in the investigation, I also think it would probably be smart to talk to an attorney well-versed in criminal law before you talk to the detective again.

 

[jiggy78]

Well, in case anybody cares, I called the detective back and told him I had no contact with her since 2007, knew nothing of her family, friends, or online life, and that him coming to see me would be a waste of time. He said something like "ok but we will be coming to see you if you become a person of interest" and then that was it.

 

[las365]

Thanks for the update. You got some valuable information. Now you can assume that if the police call you back for an interview, you have become a "person of interest" and you will absolutely want a lawyer present if you agree to talk to them.

 

[cbg]

And this explains why it is STUPID STUPID STUPID STUPID STUPID to have sex with minors, or with people whose age you cannot confirm. Even if it's legal. Just because you can doesn't mean you should. It is nothing less than STUPID and so is anyone who does not understand that.