Sex Crimes, Sex Offenders Statutory Rape or Sexual Abuse?

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Stack63

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Not sure where to put this so I also put it in Family/Violence

A 20 year old has sex with a 12 year old and she consented is it considered Statutory Rape of Sexual Abuse? What are the statute of limitations on this? If he was found guilty what is he possibly be looking at? As far as would there be jail, prison, or just probation? This was not from a family member but an acquaintance/friend. I don't know if this helps but it did happen more than once. I want to help her and I know that it is a delicate subject so I thought if I could present all the facts to her and then she could decide to press charges or not, or if she still can.
 
Stack63 said:
Not sure where to put this so I also put it in Family/Violence

A 20 year old has sex with a 12 year old and she consented is it considered Statutory Rape of Sexual Abuse? What are the statute of limitations on this? If he was found guilty what is he possibly be looking at? As far as would there be jail, prison, or just probation? This was not from a family member but an acquaintance/friend. I don't know if this helps but it did happen more than once. I want to help her and I know that it is a delicate subject so I thought if I could present all the facts to her and then she could decide to press charges or not, or if she still can.
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You should really post the name of your state for more accurate info, but in general the age of consent is at the lowest 16. So this would, at the very least, be considered illegal sexual conduct with a minor and, possibly, statutory rape. Different states have different statutes that carry different penalties. But, in general, statutory rape carries the same penalties as rape. The statute of limitations is also state specific, but I believe there is no statue of limitations on sexual misconduct with a minor of any kind. If your friend is a victim here, I would urge you to encourage her to press charges.
 
Stack63 said:
Sorry the state is Colorado.
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Here is the statute:


18-3-405. Sexual assault on a child.
Statute text

(1) Any actor who knowingly subjects another not his or her spouse to any sexual contact commits sexual assault on a child if the victim is less than fifteen years of age and the actor is at least four years older than the victim.

(2) Sexual assault on a child is a class 4 felony, but it is a class 3 felony if:

(a) The actor applies force against the victim in order to accomplish or facilitate sexual contact; or

(b) The actor, in order to accomplish or facilitate sexual contact, threatens imminent death, serious bodily injury, extreme pain, or kidnapping against the victim or another person, and the victim believes that the actor has the present ability to execute the threat; or

(c) The actor, in order to accomplish or facilitate sexual contact, threatens retaliation by causing in the future the death or serious bodily injury, extreme pain, or kidnapping against the victim or another person, and the victim believes that the actor will execute the threat; or

(d) The actor commits the offense as a part of a pattern of sexual abuse as described in subsection (1) of this section. No specific date or time must be alleged for the pattern of sexual abuse; except that the acts constituting the pattern of sexual abuse must have been committed within ten years prior to or at any time after the offense charged in the information or indictment. The offense charged in the information or indictment shall constitute one of the incidents of sexual contact involving a child necessary to form a pattern of sexual abuse as defined in section 18-3-401 (2.5).

(3) If a defendant is convicted of the class 3 felony of sexual assault on a child pursuant to paragraphs (a) to (d) of subsection (2) of this section, the court shall sentence the defendant in accordance with the provisions of section 18-1.3-406.


If the actor was in a position of trust (i.e. parent, teacher) it is a class 3 felony.

The punsihment statutes in your state are a pain in the neck...but, it looks to be a range of anywhere from 2-8 years imprisonment and a possible fine.
 
The punsihment statutes in your state are a pain in the neck...but, it looks to be a range of anywhere from 2-8 years imprisonment and a possible fine.

Would that mean he would also have to register as a sex offender?

I have also another question how difficult would it be to prove such a case? I mean there isn't any proof except her word against his. I'm looking at this at a victims point would it be to tramatic for her to go through all the legality of it to find a not guilty verdict? Would it be better for her to just seek some counseling instead? Please don't get me wrong I know what was done was a crime, but emotionally would it be easier for her to admit it was wrong and get some counseling? I just want to help her the best way I can. :(
 
Stack63 said:
The punsihment statutes in your state are a pain in the neck...but, it looks to be a range of anywhere from 2-8 years imprisonment and a possible fine.

Would that mean he would also have to register as a sex offender?

I have also another question how difficult would it be to prove such a case? I mean there isn't any proof except her word against his. I'm looking at this at a victims point would it be to tramatic for her to go through all the legality of it to find a not guilty verdict? Would it be better for her to just seek some counseling instead? Please don't get me wrong I know what was done was a crime, but emotionally would it be easier for her to admit it was wrong and get some counseling? I just want to help her the best way I can. :(
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If convicted, yes; he would have to register as a sex offender. There is no way to determine how strong the case against him would likely be, but typically, all cases such as this start with a he said/she said and children are usually looked at as pretty credible in situations like this. They usually don't have any reason to lie, and they typically would not press charges on their own because of embarrassment or feeling ashamed. So, it isn't unusual for a parent or prosecutor to push them to testify. Even if she admits it was consensual, it will not help the defense for the defendant.

I realize you want to save her from any undo trauma, but when she is old enough to realize the offense and why there are laws against it, she will feel better knowing she did the right thing. Furthermore, this is a chance to put a predator behind bars. If his pedophilia is not brought to light, it could escalate into rape, abduction, even murder of other children. Legal action is a chance to help prevent future offenses.
 
Stack63 said:
Please don't get me wrong I know what was done was a crime, but emotionally would it be easier for her to admit it was wrong and get some counseling? I just want to help her the best way I can. :(
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She has no wrong to admit to. Heck, she might have loved him, but how much about love does a 12-year-old know, or about sex for that matter. She didn't do anything wrong. The point is that, in the eyes of the law, she is unable to make intelligible decisions about sex at age 12. Her boyfriend (or whatever) exploited that - it is more appropriate for a person at age 20 to have relationships with people closer to their age. It is hard to see any other reason why someone 20 years old would engage a relationship with someone who is twelve unless to coerce them to have sex...and it sounds like that is exactly what happened whether the victim realizes it or not right now.

As for counseling, it is a good idea, but it is a separate issue from the criminal offense in my opinion.
 
signat said:
She has no wrong to admit to. Heck, she might have loved him, but how much about love does a 12-year-old know, or about sex for that matter. She didn't do anything wrong. The point is that, in the eyes of the law, she is unable to make intelligible decisions about sex at age 12. Her boyfriend (or whatever) exploited that - it is more appropriate for a person at age 20 to have relationships with people closer to their age. It is hard to see any other reason why someone 20 years old would engage a relationship with someone who is twelve unless to coerce them to have sex...and it sounds like that is exactly what happened whether the victim realizes it or not right now.

As for counseling, it is a good idea, but it is a separate issue from the criminal offense in my opinion.
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Thank you for pointing that out for me. You are 100% right she doesn't have any wrong to admit to. And of course I do know that. And that is not what I meant. I meant was to make her see that the act was wrong. That he should have never done this, and it didn't matter if she wanted to also. That she is still a young girl. But I do need to choose my words more carefully and I thank you for pointing that out to me. I would never want her to think that she is wrong or has anything to feel bad or guilty for.
 
Arvada, Colorado
I was speaking to his mother (the 20yr old) about this, and she told me that it should be dropped. Also if she (the victim) even thinks about reporting this that she would have to hurt her. Child or no child, no one is putting her son in jail!! So I hung up on her. I know that this would be the first of many pissed of people. I will be perfectly honest with you. If you looked at her you would swear she is 16 or 17 yrs old. She has big breast (36D) and a body that don't quit. But does that still give some MAN the right to steal her virginity? Her innocence? I can not believe how angry I got when she (the 20 yr old mother) said well it took two. And I'm sure she wasn't complaining. Is this the kind of crap this poor child will have to go through if she does press charges?
 
Arvada, Colorado

Since my last post I have a few more questions. The first is, it still has not been established if this is statutory rape or sexual abuse. Also from my understanding he is looking at 2 to 8 yrs. And a class 3 felony. My question is would that be per count. If so what is considered a count? I have spoken to the victim and this is what I know. They had vaginal sex 3x, he performed oral sex on her twice, and also anal sex once. So would each one of these be considered a count?
 
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