The law goes on to state, however, that consent is not a defense where you are in a "position of trust" with respect to that minor. Michael was very professional and explained the process clearly and told us to be patient. Obtaining an Alabama Statutory Rape Attorney. If the police expect you to appear in court as a witness, you can be assigned a contact person. In connection with an interview, the police may also want you to take part in a photo identification procedure if they are unsure who the perpetrator is. How long does a statutory rape investigation take away. At Roberts Law Group, we're committed to fighting for those accused of these serious charges. You should speak to our experienced lawyers at Wallin & Klarich about your case in detail so that we can develop a valid legal defense strategy for you.
The first-degree statutory sexual offense occurs when the defendant engages in sexual acts with a child under age 13, and the defendant is at least four years older. By conducting a thorough investigation, we were able to show that the allegations were baseless, and no charges were filed. Statutory rape is sexual intercourse or oral sexual contact with a minor. After that, the defendant must register as a sex offender and may be subjected to GPS monitoring for life. Mere allegations of sexual misconduct can lead the average person to automatically label you as a sex offender in their mind. The term "position of trust" is defined in ARS 13 1401, and includes a minor's: The statutory rape sentences outlined above are for first time offenders. This would have required our son to miss a semester of school and be exposed to what could happen to him in jail. I would also not recommend going to the police department with a lawyer. In recent years, legislators and law enforcement authorities have begun to take sexual assault and rape allegations much more seriously, often undertaking more thorough investigations and pursuing harsher penalties upon conviction. In fact, the victim's testimony would usually be required in order for the case to be proved, though police might have gathered other evidence that could allow a guilty finding. Second-degree forcible sexual offense: This offense has the same definition as second-degree forcible rape, but involves sexual acts instead of sexual intercourse. What Is the Applicable Statute of Limitations for 3rd Degree Rape? Statutory Rape Lawyer Explains Unlawful Sex with a Minor (261.5 PC. This is what is known as a "strict liability" crime. If you had a good faith belief that the alleged victim was 18 years of age or older, you may have a valid legal defense to statutory rape charges.
They can claim they have evidence or testimony they do not really have. The Belmont Police (and other police departments) have charged people with "statutory rape. " The statutory rape sentence in Arizona depends on the age of the victim as well as the age of the person accused. All these offenses are class B1 felonies. Reporting Statutory Rape. 10 Things You Should Know About Statutory Rape Charges in NC. While it may be a defense to other sex offenses, the question of consent is not at issue in these cases since the offense is based only on the age and sexual act of the parties.
Sexual assault is commonly referred to as rape. If you have been charged with Rape in the Third Degree, or any other sexually-based criminal offense, you need the Law Offices of Jeffrey Lichtman. Regardless this is a statutory rape but wasnt sure if this is regular rape. In other words, a prosecutor generally cannot file charges for this offense if more than five years have passed since the date on which it allegedly occurred unless the alleged perpetrator was consistently outside the state of New York or in an unknown location during the statutory period. She got in and eventually they stopped somewhere. Without consent includes any of the following: Mental defect means the victim is unable to comprehend the distinctively sexual nature of the conduct or is incapable of understanding or exercising the right to refuse to engage in the conduct with another. Clinton M. Sandvick worked as a civil litigator in California for over 7 years. They may tell you they just want to hear your side of the story, so they can "clear up any misunderstanding". How long does a statutory rape investigation take back. But most parents have experienced infatuation and love and sex before and have seen a lot more of the world than their children. Keep in mind, in Massachusetts the age of consent to have sex is sixteen.
This evidence can be very powerful evidence for the Commonwealth and it is frequently used in their cases. Please also keep in mind that just because something is legal does not necessarily mean it is a good idea. Our skilled criminal defense attorneys at Wallin & Klarich have been successfully defending clients accused of statutory rape for more than 40 years. After one year the charges got dismissed in the trial. How long does a statutory rape investigation take a look. It is this officer's job to analyze the evidence, pursue leads, and identify persons of interest. When someone has been accused of rape, it is important that any sex crimes lawyer employ a robust sexual assault defense.
If you have been raped or experienced another similarly serious sexual assault, you will be assigned a legal advocate unless you refuse that option. Contact The Roberts Law Group, PLLC today to begin working with an experienced Raleigh criminal defense attorney. The statute of limitations for statutory rape depends upon the seriousness of the alleged offense, particularly the age difference between you and the alleged victim. Sexual Assault (ARS 13 1406) – Learn About Arizona Rape Laws. For example, rape can occur when a person prevents a victim from resisting sex by giving the victim alcohol or drugs. Sometimes the police may have to interview you several times during the investigation.