Sex Crimes, Sex Offenders Criminal sexual assault

[jajgalbrecht]

My son was just arrested on a warrent saying he failed to appear in court on a charge of criminal sexual assualt. Needless to say he lives at home and we never received anything about a court appearance. But let me start at the beginning, Last summer while we were at a county fair he was approached by a girl that wanted to talk to him. He seemed very stand offish, but we left them to talk. Eventually they started going out. We found out she was the sister of someone he had gone out with a year before. The sister was his age, at the time he was 17, he was 19 just last summer. The sister was not 17 as we thought, but somewhere around 13 or 14. As soon as we found out her age I told him to stop seeing her. Almost at the same time we started getting a call from a detective asking to speak to my son. I got him to tell me what is was about and informed the detective that my son had an attorney and he should talk to her. He got angry and said if he wanted to do this the hard way then fine. He then proceeded to call our home and hang up after the answering machine picked it up.(I only answered the first time because he actually identified himself on the machine, we don't answer unidentified callers)
Anyway, My son said that after he found out her true age he met with her father and was told it was ok to go out with her as long as she didn't have any kids until she turned 18. He also stated the father gave her a pregnancy test that very day.
How much trouble is he in considering She pursued him and misled him about her age and he had parental consent. He did break off all contact with her immediatly after the meeting with the father. So they only saw each other for app. 3 months.

 

[CdwJava]

Without knowing the state where this happened, no one can do anything but vaguely guess as to the punishment.

The key here will be what ages the two were when they engaged in relations, and, of course, the state. Father's acquiesence and the actions of the younger gril are generally not relevant - especially when you consider that he kept seeing her AFTER he knew her age.

- Carl

 

[Bm802290]

I received a temporary order for relief from abuse from police officers yesterday. I must appear at court to defend myself in a sexual assault case. The mother of the girl found out that we have been talking online, planning to spend the rest of our lives with each other. I was 25 when i met her at the age of 15. Now, before you pass judgement on me, what our society might consider wrong or taboo, is looked upon as normal in many other cultures and society. Our law system is not built around the ethics of humanity and nature. The legal age of consent is 16 in vermont. I am from NY, and two weeks before her 16th birthday, she asked me to visit and i did, with the sole intention of giving her birthday gifts. When i saw her, we kissed many times, but that is as far as it went. Her mother found out about our relationship and has warned me. Her step-father is a police officer and i knew exactly what i was getting into. All i wanted was to find love before my parents gave up on me to send me off to get an arranged marriage. I've been preparing my parents with the thought of me marrying someone outside our race. Our plans were to get married when i graduate college and after she graduated highschool. I did not perform any sexual acts with her before 16, but since the mother found out that we met 2 weeks before her sixteenth birthday, she is assuming that i "sexually assaulted" her. She is turning 17 and her mother wants me out of her life, and is using this against me. Even if i get convicted, we are going to be married after she turns 18 anyway. I know all this personal information does not matter in a court of law, but I am hoping a judge would be subjective to the details. Is it worth getting a lawyer? I am a senior in college and i cannot afford one. Should I contact the public defender in that Vermont courthouse? I have read posts from lawyers that work at this site, and they give their opinion about the actual crime. I am not looking for moral guidance, I just need to know facts. Please do not pass judgement on me, for I am already overly stressed out about this. This is my life... My record is clean and if i get convicted i will not be able to get a job and support her. Hope to hear from someone soon.

 

[CdwJava]

If you are being charged with a criminal offense, you needs to obtain counsel.

- Carl

 

[Bm802290]

But i cant afford one.... what do i do? How can i get out of this? How much would a lawyer cost? Can he get me out of it, or is it just a waste of money to get one? I dont want to pay for something a public defender can do. - Can i pay in installments?

 

[CdwJava]

Some attorneys allow installments - others don't. If you are likely to go to prison, have no tangible assets (houses, cars, etc.), and you don't have the backing of family with money, then it's not likely you will find an attorney to take the case on the installment plan. But, you can ask.

As for the cost, it depends. A simple defense through trial in CA is likely to cost you between $5,000 and $10,000 depending on the attorney. If experts get involved, or there becomes a lot of investigation or leg work, it could be more.

As for getting married "even if" you are convicted, don't count on that. IF you are convicted of some kind of sexual assault, it is entirely possible that the court will place a prohibition against you seeing or contacting her at all - at least until your probation or parole is complete. At the very least, you may face charged related to contributing to her delinquency even if they cannot prove sexual assault.

Any attorney you get will probably work to obtaining a plea deal to keep you out of jail. It is up to you how far you want to chance things as to whether you will be willing to accept the deal or take a chance at trial. Keep in mind that very few jurors will be sympathetic with a 25-year-old adult male courting a 15-year-old CHILD. A jury will NOT be favorably disposed to you. This is why attorneys in these matters tend to opt for a plea. You stay out of jail and don't have to register as a sex offender, and the state gets a conviction.

- Carl