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juvenile charged as an adult in rape case !!!!HOW

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innocentga

Junior Member
What is the name of your state? Georgia

I'll try to break this down so it doesn't take several pages to look over. Basically my 14 yr. son had sex with his 15yr. girlfriend and 18 hours later he was read his rights and placed in a youth development center charged as an adult with rape. Apparently the girls mom pressured her into admittimg they had sex and then told the girl that was rape and took her to a rape crisis center and filed charges. The detectives took a warrant out before they even heard his side of the story. Eleven days later and here we are fixing to go for a bail hearing. One little glitch-- ON Friday his girl started calling his (MY-eX)dad (MY FATHER and told him that her mom made her do it but that the sex was consentual. She called again the next day and once more on Sunday that time putting her father on the phone. he apologized and said he was trying to put a stop to it. He called his local police, the 911 phone line,and our police telling each one that it was a false report. now every-one says the state has taken over the case and it will go to trial. where is the common sense in wasting taxpayers money on a case when the accuser has changed her story. Who can I contact to get this dropped or dismissed??
 
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brisgirl825

Senior Member
Many females change their minds, it's no different than DV. That's why the state is now taking it over.

Your son will be given a PD, if you can't afford any atty. He needs to tell the atty everything that happened. It will up to the atty to see if there is any grounds to dismiss. If not, he's looking at a trial.
 

Happy Trails

Senior Member
innocentga said:
What is the name of your state? Georgia

I'll try to break this down so it doesn't take several pages to look over. Basically my 14 yr. son had sex with his 15yr. girlfriend and 18 hours later he was read his rights and placed in a youth development center charged as an adult with rape. Apparently the girls mom pressured her into admittimg they had sex and then told the girl that was rape and took her to a rape crisis center and filed charges. The detectives took a warrant out before they even heard his side of the story. Eleven days later and here we are fixing to go for a bail hearing. One little glitch-- ON Friday his girl started calling his (MY-eX)dad (MY FATHER and told him that her mom made her do it but that the sex was consentual. She called again the next day and once more on Sunday that time putting her father on the phone. he apologized and said he was trying to put a stop to it. He called his local police, the 911 phone line,and our police telling each one that it was a false report. now every-one says the state has taken over the case and it will go to trial. where is the common sense in wasting taxpayers money on a case when the accuser has changed her story. Who can I contact to get this dropped or dismissed??
I agree with Brisgirl825, it is in the state's hands now.

Even if the girl admits that it was consensual, the two of them were still too young to consent, but the charge wouldn't be as severe.

From Georgia statutes:
16-6-3. Statutory rape.
(a) A person commits the offense of statutory rape when he or she engages in sexual intercourse with any person under the age of 16 years and not his or her spouse, provided that no conviction shall be had for this offense on the unsupported testimony of the victim.

(b) A person convicted of the offense of statutory rape shall be punished by imprisonment for not less than one nor more than 20 years; provided, however, that if the person so convicted is 21 years of age or older, such person shall be punished by imprisonment for not less than ten nor more than 20 years; provided, further, that if the victim is 14 or 15 years of age and the person so convicted is no more than three years older than the victim, such person shall be guilty of a misdemeanor.







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noobie

Junior Member
From all that I have read, you can also have a lawyer petition to have the case moved to juvenile court system... Instead of Adult Court. It may not have any bearing at all, but suggest the girl tell the Law that it was not rape. That will lessen the side of the prosecutor.
 

missouri

Junior Member
Both too young for consent?

I'm reading with interest and am asking myself, if both were too young to consent, why is it the male who gets the rape charge? A similar situation happened to someone I know. Why can't the girl (who IS older) be charged with rape?
 

Happy Trails

Senior Member
missouri said:
I'm reading with interest and am asking myself, if both were too young to consent, why is it the male who gets the rape charge? A similar situation happened to someone I know. Why can't the girl (who IS older) be charged with rape?
Technically, she broke the law too, if she wasn't forced. It is a misdemeanor under Georgia statutes.

The girl must of said initially in her report that it was forcible. That is why he is getting charged with rape and not statutory rape.









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