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        New Message Board Archives >> 2007 General Board Posts >> Need legal advice ASAP/URGENT
        
(Message started by: catlind on Aug 2nd, 2007, 5:12pm)
Title: Need legal advice ASAP/URGENT
Post by catlind on Aug 2nd, 2007, 5:12pm
Far fetched request here, but does ANYONE have any knowledge of what the legal status is of a 17 y/o sexually molesting a 13 y/o?

I have done a great deal of background work and knowhow it was, we were able to locate him, my concern is what the individual will he gets alhold of himl

History:  She snuck out "sorta" told her parents they were going for a walk.  At 2a.m I got a call because my daughter happened to be over there - she is adamant that her parents don't know and she has good reason for wanting that.  

If I involve the police, even anonymousy, what arethe likely outcomes?

Now aside from the law I have some VERY talented people working on this around the globe, hence finding his IP and MAC address on his machine.

I just don't want to rush into thing that may cost all of us.

All thoughts, input and points of view are welcome.

p.s. any help ridding this scum wouldn't be obected too either ;)

Cat
Title: Re: Need legal advice ASAP/URGENT
Post by Redd on Aug 2nd, 2007, 5:20pm
States also tend to set age of consent ordinances or laws.  That may be the first thing you want to check.  From what you wrote, you didn't say if the sexual acts were consentual between the parties.  
Title: Re: Need legal advice ASAP/URGENT
Post by Guiseppi on Aug 2nd, 2007, 5:21pm
California response.........

We arrest the 17 year old for the felony offense of "Lewd or lascivious acts involving children" which carries a lifetime sexual offender registration with it.

if they met via internet there are a slew of felony charges we add on specific to soliciting minors on the net.

There are separate felony charges for each "act" which occurred, oral, manual, any penetration etc.

If it's been less then 72 hours the 'vicitm' will be taken for a SART (sexual assault response team) exam at a local hospital. If it's been longer then 72 hours, without some corroborating evidence other then he says she says, they are VERY hard cases to make. Especially if she "loves" him and covers for him and he doesn't make any admissions.

The minors parents will be called to answer by Child Protective Services for a 13 year old out and about at  2:00 am.

Given his age it would depend on a lot, his prior history, the nature of the "molest" as to whether we would try him as an adult or a juvenile. Either way in California he's be in some deep poo poo.

Guiseppi

Good point by Redd it differs from state to state, in california a 13 year old CANNOT give consent.
Title: Re: Need legal advice ASAP/URGENT
Post by phil_h on Aug 2nd, 2007, 5:39pm
acting quickly can save another victim as well as aid in the legal intervention......unreported this girl will remain a victim as well as seriously effect her understanding of sexuality and womanhood . report this and hopefully she will be a victim nomore .   phil h


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Title: Re: Need legal advice ASAP/URGENT
Post by alienspacebabe on Aug 2nd, 2007, 5:53pm
Cat, something to keep in mind:  I was also adamant that my parents not find out about the 'date rape' when I was 15 (he was significantly older - mid to late 20s) - mainly because I didn't want my father to find out I wasn't a virgin before it happened.  To this day, I regret not doing something about it.
Title: Re: Need legal advice ASAP/URGENT
Post by Rosybabe on Aug 2nd, 2007, 5:59pm
I deal with some  teens in my neighborhood and I can tell you that 13 years-old are not longer OUR 13 years old...

at 13 I was playing Barbies....now they ask if their clothes are showing enough...

some teens nowdays are thinking about sex since they are 11!!

I guess we will need more info, is the boy her BF? did he forced her? did he know she is 13?

how in the world her parents allow her to go "for a walk" with him at 2am??

lots of lives would be affected because of this, the girl, the boy, and both sides parents...

I would be careful judging...MHHO
Title: Re: Need legal advice ASAP/URGENT
Post by Jonny on Aug 2nd, 2007, 6:01pm

on 08/02/07 at 17:12:48, catlind wrote:
History:  She snuck out "sorta" told her parents they were going for a walk.  At 2a.m


Call and tell the parents and get the fuck away from that mess!

The parents are at fault for letting it happen!

Thats all I have to say till I know more facts!
Title: Re: Need legal advice ASAP/URGENT
Post by jimmers on Aug 2nd, 2007, 6:19pm
Liz,

In Wisconsin where we live (You and Me) Its classified as Statutory Rape.

That all I know.

Jimmers
Title: Re: Need legal advice ASAP/URGENT
Post by Guiseppi on Aug 2nd, 2007, 6:26pm
Again, just for comparison, your laws may vary! In California, 14 and over, it's stat rape, the girls consent or lack of, determines only if it is filed as a misdemeanor or felony, not if it is a crime or not. 13 and under is "child molest" and is always charged as a felony.

Jonny's point has some validity in that you are getting into a sticky, muddy mine field where there are generally no "clean" hands. If it was consensual sex, and it's been longer then 72 hours, and he's not dumb enough to say "well yes i did!!!".....then it's not a prosecuteable case. As my issuing DA is fond of telling me, it's not a question of Truth joe, it's a question of proof! In this case it is probably better handled within the family.

If it was non-consensual then pay attention to what spacebabe said...there's some psychological issues with the girl that need to be attended to.

Guiseppi
Title: Re: Need legal advice ASAP/URGENT
Post by Karla on Aug 2nd, 2007, 6:56pm
In Wisconsin I know from personal experience from a family member that the boy was 18 and the girl was 14.  The girl had told him she was 18 and her cousin confirmed it.  They had consensual sex and then the mother walked in on them.  She reacted immediatly and called the Police and reported it.  The girl had a cow and ran away from home and once found she insisted upon living else where.  The charges against him where 2nd degree sexual assault which is a felony in WI.  He could have gotten 20 years in prison and had to register as a convicted sex offender.  It went to court and the girl testified it was consentual.  The mother testified she was sorry she called the police and wanted it all dropped.  But they couldn't drop it because a crime was commited.  He walked away with 4th degree sexual assult (a misdomeaner) and 6 months in jail and 1 year of probation and didn't have to register as a sex offender.  Now he is 21 and most landlords dont want to rent to him.  And he has a hard time finding employment.    
Title: Re: Need legal advice ASAP/URGENT
Post by tanner on Aug 2nd, 2007, 8:27pm

Cat, it looks like you already have all the good advice you need in the above responses so I will just tell you to call me anytime you wish to vent, scream, or find out some creative ways to deal with unusual events ;)

Hi to Clark and the kids.......Tim
Title: Re: Need legal advice ASAP/URGENT
Post by Ree on Aug 2nd, 2007, 8:38pm

on 08/02/07 at 17:53:19, alienspacebabe wrote:
Cat, something to keep in mind:  I was also adamant that my parents not find out about the 'date rape' when I was 15 (he was significantly older - mid to late 20s) - mainly because I didn't want my father to find out I wasn't a virgin before it happened.  To this day, I regret not doing something about it.
 me too Lizzie... was same age and he was 22
love ya girly   Ree


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