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statutory rape Sex Crimes, Sex Offenders

Discussion in 'Criminal Charges' started by snowlove223, Sep 12, 2018.

  1. snowlove223

    snowlove223 Law Topic Starter New Member

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    Jurisdiction:
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    i'm 15 and my boyfriend is 20 we had sex and my mother is trying to press rape charges on him.Can anyone tell me if there is any laws that can stop this side note i dont live with my mom or my dad.
     
  2. army judge

    army judge Super Moderator

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    The Maine Age of Consent is 16 years old.

    Individuals aged 15 or younger in Maine are not legally able to consent to sexual activity, and such activity may result in prosecution for statutory rape.

    What is Statutory Rape, and how is it enforced and punished?

    The Maine statutory rape law is violated when a person has consensual sexual intercourse with an individual under age 16 who is not their spouse.

    Close in age exemption allow those aged 14 and 15 to consent to partners less than 5 years older.


    Yes, this law:

    Under Maine’s laws, a defendant commits sexual abuse by engaging in a sex act with:

    a child age 14 or 15 when the defendant is at least five years older, or
    a student age 16 or 17 when the defendant is a teacher or school employee over the age of 21 and the student is enrolled in the same school or district.
    The crime is punished more severely if the defendant is at least ten years older than the child. For example, a 20-year-old who has sex with a 14-year-old could be convicted of sexual abuse.

    (Me. Rev. Stat. Ann. tit. 17-A, § 254.)


    Who is your legal guardian?

    If you have none, you are a minor in need of services, a CHINS petition might issue.
     
    leslie82 likes this.
  3. cbg

    cbg Super Moderator

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    If you are looking for a law that will prevent your mother from making a report, there is none. Whether you like it or not, when your "boyfriend" had sex with you he broke the law. It was illegal. He can be fined a great deal of money and it is not impossible that he could go to jail. The DA, not your mother, will decide if he will be charged, but legally your mother is in the right.
     
    leslie82 likes this.
  4. snowlove223

    snowlove223 Law Topic Starter New Member

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    my uncle has guardianship of me now but at the time my mother did i'm working on becoming emancipated because both of my parents are unfit to raise a child




    Who is your legal guardian?

    If you have none, you are a minor in need of services, a CHINS petition might issue.[/QUOTE]
     
  5. snowlove223

    snowlove223 Law Topic Starter New Member

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    can you explain this part better to me ?
    i see it states "allows those aged 14 and 15 to consent to partners less than 5 years older" he is exactly 5 years older than me excluding the fact my 16 birthday is in less than 3 months
     
  6. army judge

    army judge Super Moderator

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    Your friend might be charged with a felony because he had sex with you.

    You are a minor.

    You are legally unable to give assent for sexual intercourse, especially with an adult.

    The police could investigate the matter, but the prosecutor (district attorney) will eventually decide how the man is charged.

    Your mother or father might be able to request the matter be investigated.

    It might be time for you to stop doing things that could cause you to contract sexually transmitted diseases, become pregnant, or be adjudicated to be committing delinquent acts, thereby becoming a ward of the state of Maine.
     
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  7. cbg

    cbg Super Moderator

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    If he is exactly five years older than you, then he is not less than five years older than you and that exemption does not apply.
     
    leslie82 likes this.
  8. ElleMD

    ElleMD Well-Known Member

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    You won't be emancipated because you have less than ideal parents; you might have guardianship under someone else such as your uncle. No court is going to give a 15 year old who is sleeping with a 20 year old emancipation. Such a child needs more adult supervision and guidance, not less. This dude is a predator, whether you see it or not. He is taking advantage of a child from a bad home situation to fulfill his needs, without regard for your life and what this would do to you. At 15, and especially with a difficult home life, any adult in your life who cares for you would be encouraging you to stay out of romantic/sexual relationships, avoid pregnancy, focus on getting a good education, and making plans for a solid future after you turn 18.

    At 20, he should be in college, or starting a career and getting his adult life established, not trolling the local high school for dates. His biggest concerns should be paying is bills and putting something towards savings. Yours should be that math test you have next week and the English paper due Friday.
     
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  9. mightymoose

    mightymoose Well-Known Member

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    Your boyfriend would be smart to forget you exist and get as far away as possible. Depending on the details he could face prison time and have to register as a sex offender for the rest of his life. He has made poor choices and is ruined.
    You have no control in the matter. Your own choice to engage in sexual activity with him is a clear indicator that you are not a candidate for emancipation. You require more supervision. If not under the guardianship of a family member you will at minimum be a ward of the state until 18.
    Don't fight it. You won't win and you won't get what you want.
     
    leslie82 likes this.
  10. zddoodah

    zddoodah Well-Known Member

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    Your mother cannot "press rape charges on him." Only the county district attorney can do that. Your mother can, however, report any suspected crime to the police. The police may or may not choose to investigate a reported crime. If they investigate, they may or may not refer the matter to the district attorney for prosecution. The DA may or may not choose to file charges based on a referral from the police. I would hope it obvious -- even to one as young as you -- that there is no law that prevents your mother from reporting your boyfriend's potentially criminal activity to the police. That you don't live with either parent and that your uncle has a guardianship are irrelevancies.

    Maybe. Maybe not. Section 254 of the Maine Criminal Code provides that it is a crime for a person to "engage[] in a sexual act with another person, not the actor's spouse, who is either 14 or 15 years of age and the actor is at least 5 years older than the other person." Although OP said that he/she is 15 and the boyfriend is 20, that doesn't necessarily mean the boyfriend is "at least 5 years older."

    Huh? "Exactly 5 years older" would mean that you and he share the same birthday. Is that what you intended? What does "excluding the fact that [your] birthday is in less than 3 months" mean?
     
  11. shrinkmaster

    shrinkmaster Well-Known Member

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    If the DA and/or Police and/or Social services is aware of the underage sex then yes he could face criminal charges. As stated above he is best served getting and staying as far away as possible. Chances are his feelings for you are NOT what you think.

    Far as emancipation goes if your state has a statute chances are about ZERO of that happening. Besides being emancipated will NOT make sex with this adult legal!

    .
     

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