Other Criminal Procedure Statutory Rape a Lesser Included Offense of Rape of a Child w Force

[sisyphus]

If there is an allegation of forced oral sex on a 15 year old against an 18 year old defendant, can he be charged with statutory rape, instead of rape of a child with force?

Can a grand jury return an indictment on statutory rape if the victim claims force was used?

 

[army judge]

If there is an allegation of forced oral sex on a 15 year old against an 18 year old defendant, can he be charged with statutory rape, instead of rape of a child with force?

Can a grand jury return an indictment on statutory rape if the victim claims force was used?

After decades of practicing law, serving as a persecutor, a jurist, a defense lawyer, and even teaching a couple of law school classes; one thing I've learned is to never attempt to GUESS or PREDICT what a jury (especially a GRAND JURY) will decide or do.

What I have learned is to expect the HIGHEST or most difficult charge to be indicted, assuming a TRUE BILL, or indictment is issued.

OP, besides the options you gave, a grand jury can also return a NO BILL. Google it, if you don't know what it is.

 

[sisyphus]

I guess what i'm asking is "may" they return an indictment for statutory rape if force was alleged? Would a higher court take issue with the prosecutor seeking the "lesser" offense.

 

[army judge]

I guess what i'm asking is "may" they return an indictment for statutory rape if force was alleged? Would a higher court take issue with the prosecutor seeking the "lesser" offense.

They certainly could, if that charge is a lesser or included, and the GJ rules permit it.
In some jurisdictions, GJ can only issue a TRUE BILL on what is before them, or a NO BILL.
They can also request more time to study it, and refuse to issue nothing until the next time they are convened.


A little something about the GJ in your state:

http://www.lawlib.state.ma.us/source/mass/rules/criminal/crim5.html

http://www.mass.gov/courts/case-legal-res/rules-of-court/criminal-procedure/crim5.html

http://www-cs-students.stanford.edu/~yduj/grand-jury.html

http://www.popville.com/2011/10/another-readers-experience-serving-on-grand-jury-duty/


The higher would be uninterested, nor would it have any say in what charge a Grand Jury issues.

The District Attorney would be concerned if the charge was a lesser and included, or a NO BILL.

But, there's little even a DA could do, except to try and bring the charge again.

That usually just makes the GJ mad, and the same result issues, without new or additional evidence.

 

[sisyphus]

So what are the requirements for it to qualify as a "lesser" offense? They both carry the same possible sentence. To me this seems to imply they are equal or could be considered equal.

 

[sisyphus]

In the grand jury hearing may the DA or the testifying officer omit the fact that the victim claimed force was used? May they also omit the fact that witnesses in the vicinity did not corroborate her claims?


###I managed to find an answer to this question with some googling

 

[army judge]

In the grand jury hearing may the DA or the testifying officer omit the fact that the victim claimed force was used? May they also omit the fact that witnesses in the vicinity did not corroborate her claims?


###I managed to find an answer to this question with some googling

These days, Google, Yahoo, and Bing are great ways to find the answer to 99% of your questions.