Who can press charges of statutory rape?

[Besideherself]

My son moved to Tennessee 2 months ago to be near a girl he met on the internet 3 years earlier (stupid, I know). He is 20. She said she was 18 until AFTER he got there, and admitted that she was only 16, but he was in love. He was arrested for statutory rape. Her mother denies pressing the charges. Her father is out of the picture entirely. They are claiming that the police officer who arrested him was the one who pressed the charges. But an officer arrested the girl an hour earlier and told my son that if her mother wanted to press charges for statutory rape, he would spend time in jail. An hour later, he was arrested. Her mother still denies filing the charges, but from what I've read, ONLY she could have done it. Is this correct? I need help fast... my son's trial is October 25.

 

[I AM ALWAYS LIABLE]

My son moved to Tennessee 2 months ago to be near a girl he met on the internet 3 years earlier (stupid, I know). He is 20. She said she was 18 until AFTER he got there, and admitted that she was only 16, but he was in love. He was arrested for statutory rape. Her mother denies pressing the charges. Her father is out of the picture entirely. They are claiming that the police officer who arrested him was the one who pressed the charges. But an officer arrested the girl an hour earlier and told my son that if her mother wanted to press charges for statutory rape, he would spend time in jail. An hour later, he was arrested. Her mother still denies filing the charges, but from what I've read, ONLY she could have done it. Is this correct? I need help fast... my son's trial is October 25.

My response:

And just how will knowing this help your son at trial?

IAAL

 

[BrokenInside]

My son moved to Tennessee 2 months ago to be near a girl he met on the internet 3 years earlier (stupid, I know). He is 20. She said she was 18 until AFTER he got there, and admitted that she was only 16, but he was in love. He was arrested for statutory rape. Her mother denies pressing the charges. Her father is out of the picture entirely. They are claiming that the police officer who arrested him was the one who pressed the charges. But an officer arrested the girl an hour earlier and told my son that if her mother wanted to press charges for statutory rape, he would spend time in jail. An hour later, he was arrested. Her mother still denies filing the charges, but from what I've read, ONLY she could have done it. Is this correct? I need help fast... my son's trial is October 25.

I also thught about this at one time.... My boyfriend may be getting charged. My parents claim that the Child Welfare is pressing the charges.... so I don't know. It may not be the cop, it is probably Child Protection Services. But then again, my parents could just be trying to make me hate them less.....

 

[CdwJava]

In the case of a crime like statutory rape (or ANY sex crime or child molestation) it is not always necessary for the victim or the parents to seek charges as the state will often do so anyway. In the case of stat. rape, the state will often pursue this once it has come to their attention even if nobody wants anything to do with it.

- Carl

 

[rmet4nzkx]

OP please give us the truth. You have already claimed you were the mother of the 20 yo boy and now refer to him as your boyfriend and also to your parents not just your mother, on top of all of this, you lied to him and lured him out there to be with you knowing he could be charged with statutory rape. Tell us more about what got you arrested in the first place so that he was even sucked into this situation. You need an attorney, as does he. You need to do the morally right thing as well, but start by telling us the truth so someone can point you in the right direction. It may also have some impact as to exactly when he learned you were 16 and what he did after that point.
Here are some references:
39-13-506. Statutory rape.Statute text

(a) Statutory rape is sexual penetration of a victim by the defendant or of the defendant by the victim when the victim is at least thirteen (13) but less than eighteen (18) years of age and the defendant is at least four (4) years older than the victim.

(b) If the person accused of statutory rape is under eighteen (18) years of age, such a defendant shall be tried as a juvenile and shall not be transferred for trial as an adult.

(c) Statutory rape is a Class E felony. 39-13-507.

[Acts 1989, ch. 591, § 1; 1990, ch. 980, § 4; 1994, ch. 719, § 1.]

Limited spousal exclusion. Statute text

(a) A person does not commit an offense under this part if the victim is the legal spouse of the perpetrator except as provided in subsections (b) and (c).

(b) (1) "Spousal rape" means the unlawful sexual penetration of one spouse by the other where: (A) The defendant is armed with a weapon or any article used or fashioned in a manner to lead the victim to reasonably believe it to be a weapon; (B) The defendant causes serious bodily injury to the victim; or (C) The spouses are living apart and one (1) of them has filed for separate maintenance or divorce. (2) (A) "Spousal rape," as defined in subdivision (b)(1)(A) or (B), is a Class C felony. (B) "Spousal rape," as defined in subdivision (b)(1)(C) shall be punished pursuant to § (c) (1) "Spousal sexual battery" means the unlawful sexual contact by one (1) spouse of another where: (A) The defendant is armed with a weapon or any article used or fashioned in a manner to lead the victim to reasonably believe it to be a weapon; (B) The defendant causes serious bodily injury to the victim; or

(C) The spouses are living apart and one (1) of them has filed for separate maintenance or divorce.

39-13-501. Definitions.
(7) "Sexual penetration" means sexual intercourse, cunnilingus, fellatio, anal intercourse, or any other intrusion, however slight, of any part of a person's body or of any object into the genital or anal openings of the victim's, the defendant's, or any other person's body, but emission of
semen is not required; and

Jury Instructions Regarding Statutory Rape
From: (http://www.tndagc.com/juryinst/10_05.htm)

STATUTORY RAPE

"Any person who commits the offense of statutory rape is guilty of a crime.

For you to find the defendant guilty of this offense, the state must have proven beyond a reasonable doubt the
existence of the following essential elements:1

(1) that the defendant had sexual penetration of the alleged victim or the
alleged victim had sexual penetration of the defendant; and
(2) the alleged victim was at least thirteen (13) but less than eighteen (18) years of age; and
(3) that the defendant was at least four (4) years older than the alleged victim; and
(4) that the defendant acted either intentionally, knowingly or recklessly.2

"Sexual penetration" means sexual intercourse, cunnilingus, fellatio, anal intercourse, or any other intrusion,
however slight, of any part of a person's body or of any object into the genital or anal openings of the alleged
victim's, the defendant's, or any other person's body, but emission of semen is not required.3

["Cunnilingus" means a sex act accomplished by placing the mouth or tongue on or in the vagina of another.] 4
["Fellatio" means a sex act accomplished with the male sex organ and the mouth of another.] 5

"Victim" means the person alleged to have been subjected to criminal sexual conduct.6

"Intentionally" means that a person acts intentionally with respect to the nature of the conduct or to a result of the
conduct when it is the person's conscious objective or desire to engage in the conduct or cause the result.7

"Knowingly" means that a person acts knowingly with respect to the conduct or to circumstances surrounding
the conduct when the person is aware of the nature of the conduct or that the circumstances exist. A person acts
knowingly with respect to a result of the person's conduct when the person is aware that the conduct is
reasonably certain to cause the result.8

"Recklessly" means that a person acts recklessly with respect to circumstances surrounding the conduct or the
result of the conduct when the person is aware of, but consciously disregards, a substantial and unjustifiable
risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that its
disregard constitutes a gross deviation from the standard of care that an ordinary person would exercise under
all the circumstances as viewed from the accused person's standpoint.9

FOOTNOTES
1. Tenn. Code Ann. § 39-13-506(a).
2. Tenn. Code Ann. § 39-11-301(b) and (c) and accompanying Sentencing Commission Comment.
3. Tenn. Code Ann. § 39-13-501(7).
4. Tenn. Code Ann. § 39-13-501(8).
5. This definition is derived from former T.P.I. CRIM -- 9.04, Crimes Against Nature.
6. Id.
7. Tenn. Code Ann. § 39-11-106(a)(18).
8. Tenn. Code Ann. § 39-11-106(a)(20).
9. Tenn. Code Ann. § 39-11-106(a)(31).

COMMENTS
1. Statutory rape is a Class E felony. Tenn. Code Ann. § 39-13-506(d).
2. Prior sexual activity of the victim may be asserted as a defense to statutory rape under Tenn. Code Ann. §
39-13-506(b)(now repealed), if the offense was committed prior to July 1, 1994. If properly raised as a defense,
the trial judge should utilize T.P.I. - CRIM. 40.12, which appears in the "Defenses" chapter.
3. If the definition of an offense within Title 39 does not plainly dispense with a mental element, intent,
knowledge or recklessness suffices to establish the culpable mental state. Tenn. Code Ann. § 39-11-301(c).
The Committee is of the opinion that the definitions of "intentionally", "knowingly", and "recklessly" should all be
charged for this offense.

 

[HomeGuru]

Broken and Beside is one and the same person. How interesting.

 

[fast]

good catch

 

[rmet4nzkx]

Broken and Beside is one and the same person. How interesting.

good catch

LOL, thank you!
Now if OP will tell the truth we may be able to help.

 

[HomeGuru]

LOL, thank you!
Now if OP will tell the truth we may be able to help.

**A: Nope, I'm done helping people with split personalities.

 

[djohnson]

If she is 16 now and this started 3 years ago, she was only 13. Even less of a reason to help.

How does a 17 year old carry on conversations and see a 13 year old and not question her age?

 

[rmet4nzkx]

If she is 16 now and this started 3 years ago, she was only 13. Even less of a reason to help.

How does a 17 year old carry on conversations and see a 13 year old and not question her age?

It was over the internet, they didn't meet until recently. Now we wait for OP to tell us the truth, if she can.

 

[Besideherself]

Thank you, Carl

This is in Tennessee. First, I want to thank Carl for his informative message. The mother of the girl would be willing to drop the charges IF my son came back home, which he desperately wants to do.

Next, I don't know how someone else thinks I'M the girl that had sex with him. I re-read my post and it mentions nothing about my son being my "boyfriend".

Next, someone mentioned that I and "Broken" are one and the same person. Nope. I'm me. The girl was answering what I posted. I AM the mother of the boy.

Also, my son knew the girl over the internet 3 years PRIOR to meeting her in person. She said she was 15 at that time and they were just friends then. I know now, thanks to Carl, that my son must face the charges. All I wanted to know was if the mother pressed the charges, since she was willing to help to get him out.

The girl knew what she was doing, even though the law states otherwise. She was not a virgin when my son met her on the internet, when she was 13. My son is not a pedophile. He fell in love with someone he thought to be 18. Two weeks later, when he found out she was only 16, his stupid hormones took over his brain. Yes, he's very guilty of being stupid, but he never would have been in Tennessee if he had known she was 16. The GIRL initiated the sex... she admitted that to me herself. My son is guilty of being stupid, not of rape. But he still must face the charges and carry the sign of "sex offender" for the rest of his life. Can anyone blame me for wanting to help him?

I think the parents of the underaged teen should bear the same responsibility as the "statutory rapist", since, technically, parents are held accountable for what their minor children do. But the girls gets away with it, totally free to do it again with other unsuspecting "men". The laws ought to be changed... to at least have the parents of the minor held under the same laws that put the adult males in jail. Then they might keep a tighter reign on their kids. I know I did until my son turned 18, then he could do what he wanted and I could not legally stop him. The girl admitted to me that yes, she lied and told my son that she was 18 when they met in person. The reason he got arrested, and her too, was because she lied to her mother and said she was going to spend the night with her cousin. Then she went to where my son was renting a room and told him that she had been thrown out of her house and had nowhere to go. (There were witnesses to her saying that, who will testify in court for my son.) Her mother had her arrested for being a runaway. The officer who arrested her told my son that, if the mother wanted to press charges of statutory rape, he would spend some time in jail, and to go back in and get some sleep. An hour later, he was arrested by another officer. That, to me, makes no sense at all. I believe the whole thing was set up and my son was an innocent, albeit stupid, party to all of this. His pretrial hearing is Oct. 18. Please pray for him.

P.S. I have emails from the girl telling me the whole truth, from when they first met on the internet to the night he was arrested. I'm bringing them with me when I head down to Tennessee to be at his hearing. I hope his charges will be reduced due to the mitigating circumstances of his being lured there by a lying 16-year-old.

 

[rmet4nzkx]

Nice try but no cigar.
Even if you are the mother, as you know, the son/boyfriend will be charged by the state it matter's not what her mother does does at this point.
We have repeatedly asked the girl to tell the truth but she is insistant on somehow becomming emancipated, which will not happen, your "son" is not helping matters by his continued involvement with her after learning her age and that her parents objected and the law contacted.

 

[Besideherself]

Her mother did not file the charges

My son knows just how stupid he was. He cries every night, telling me how badly he screwed up his life (by telephone, of course... I'm in Maryland). He said he's never going to get involved with anyone over the internet ever again. He's a good boy with a huge heart. I know that his continued involvement with the girl was wrong, but when she came to him crying that she had nowhere to go, he let her in. He wasn't thinking about the law, he was thinking of her spending the night on the streets.

He did not have sex with her after he learned she was 16, although they did continue to see each other. I know that it doesn't matter, even if he never found out that she was under 18, it is still considered statutory rape.

Her mother did not press the charges. The officer who arrested him did not like him from the start, because of his being an "out-of-towner" and this is a very small, nowhere town in Tennessee, full of "good ol' boys". As soon as the girl was arrested, and this officer found out where she had been, he went after my son.

According to the law, he is where he should be. I know that. But I'm speaking about a good, honest and trusting human being here. Can any man out there honestly say that their sexual urges at the age of 20 were not high on their list of priorities? My son is guilty of being stupid, he wasn't even thinking about the law. He did not stalk this girl. He was simply gullible and trusting.

Now he's branded for the rest of his life, while the girl is free to have sex with whomever she wishes. I'm just saying that this is unfair. The girl is the REAL guilty party in this situation by her lying to my son. How many more guys will she put in jail before she's 18??? She told me that she has had sex with about 10 guys since she was 12. She had sex with another boy after my son moved down there! How long will it be before the judicial system in this country sees the "innocent minor's" true role in this situation?

 

[stephenk]

No, your son is the guilty one who was so desperate for sex he moved to another state to get it. even after learning she was 16 he still hung around and dated her.