Sex Crimes, Sex Offenders accused of rape

[samsung]

my brother who is 16 and a girl who is 13 had sexual intercourse while at a party. they were both drunk and both agreed on it. she was the one to take first initiative(ex:she kissed him first) there were adults present who saw that they were getting touchy and flirty but didnt try to stop them or didnt think they would do anything. three weeks later she's calling it rape and reporting it to the police.can anything be done to help him out?

 

[jacksgal]

A 13 year old cannot "consent" to sex so yes this was a rape. Charging the other party who is also a minor might not meet NY rape laws decription but there could be other charges that might apply. Your friend should answer no Police questions without an Attorney present

 

[samsung]

but neither can a 16 year old. even if they were both drunk it would still be considered rape? what about WI laws? would the adults that were present at the moment and were the ones who allowed them to drink be charged with anything?

 

[jacksgal]

Your post says NY not WI

 

[samsung]

its wi now. ok but that still doesnt help answer my other questions

 

[jacksgal]

Considering you wrong state and are seeking "free" advice from people who volunteer their time your awfully impatient. WI does not appear to mention anything about the rapists age only the victim


Wisconsin

§ 948. 02

§ 948. 09
Sexual intercourse with a person under 13 years of age

Sexual intercourse with a person under 16 years of age

Sexual intercourse with a minor at least age of 16
Up to 40 years in prison

Up to 25 years in prison

Up to nine months in prison

 

[FlaRiptide]

The following statutes may help answer your inquiry.

Second-degree Sexual Assault of a Child. Section 948.02 (2), Wisconsin Statutes, prohibits sexual contact or sexual intercourse with a child who is at least age 13 but under 16 years of age (Class BC felony). Engaging in repeated acts (defined as three or more violations) with the same child within a specified period of time may result in prosecution as a Class B felony under Section 948.025.

Sexual Assault of a Child – Failure to Act. Section 948.02 (3), Wisconsin Statutes, states a person responsible for the welfare of a child under 16 years of age must take action to prevent sexual intercourse or sexual contact if such an assault has occurred or is likely to be repeated (Class C felony).

I'm not an attorney, so I can't interpret these statutes for you. My own question that perhaps someone would be good enough to answer is:

Most all the consent laws talk about sex with an adult (18). Is sex among minors a grey area or what? How is this defined? What about sex between two 13 year olds? Neither can consent, yet since both are children, are both guilty or not guilty of rape?

 

[samsung]

thats what im thinking, does common sense not play a role at all? i mean they both liked each other, and all was fine even after this happened. her boyfriend who is 17 years old was not happy about it and told her to say it was rape.so when she has sex with my brother who is younger then her boyfriend its rape but not when she has sex with her boyfriend?

 

[samsung]

i didnt mean to sound rude. sorry if thats what it looked like. i really do appreciate the information that ive been getting =D

 

[jacksgal]

There are a host of charges that might be made but it will be up to DA to decide if he wants to pursue them and which charge(s) he wants to pursue

 

[mightymoose]

The laws vary among the states, but there is a distinction between "rape" and "unlawful sexual intercourse". Since "your friend" is a minor as well, this will likely fall under the lesser offense of unlawful sexual intercourse (for both parties). However, the alcohol could complicate that and escalate it to a higher level, depending upon the circumstances.

As said, the 13 year old is incapable of giving consent, so it doesn't matter the least bit what she said or how willing she was.

Also, if the parents were aware the minors were consuming alcohol then we would have to consider whether WI law permits parents to do so within their own home. Probably the worst the parents could face is contributing to the delinquency of a minor, however there would have to be clear evidence that they were aware of the sexual activity in order to have any responsibility over it. It sounds like a situation in which the adults were present, however there wasn't a lot of supervision going on. That argument won't likely go far.