My 14 year old was raped and sodomized by an 18 year old. he pled guilty to consentual sex with a minor and he is going to get maybe a year in county jail. This is outrageous. what happened? last time I looked, it was horrible to have sex with a child....now it seems that its really not that big of a deal. I need help. he will be sentenced on tuesday. what can I do? can I press charges for statutory rape? or is it too late?
2006-10-07 04:41:22 · 14 answers · asked by pacman 1 in News & Events ➔ Other - News & Events
The crime of consentual sex with a minor is statutory rape. I would wonder why the district attorney's office did not move for a harsher judgement against this individual. You can't do anything accept put pressure on the district attoney's office and/or the judge to give a harsher sentence - if you don't have your own lawyer I would suggest you at least consult one - you my have some recourse for a civil suit against the individual - but as a private citizen you cannot have him charged for a higher crime and/or longer sentence just because you feel that would be right.
Seriously though - contact a lawyer in your area for atleast a consultation on the matter.
2006-10-07 04:49:20 · answer #1 · answered by Anonymous · 1⤊ 0⤋
The State (where you live) has pressed the charges against this 18-year old male. The Prosecutor represents the State AND you AND your daughter. Since the man is to be sentenced on Tuesday (and by that I assume you mean on the tenth of October) the Prosecutor and the man's lawyer or public defender have already worked out a deal of some sort.
Assumedly this crime occurred some time ago. So there was time enough (even given that the man pled guilty) for the prosecutor to have contacted you about whatever was happening in the case before now, to at least explain why he/her chose to charge the man as he/she did. I mean, his sentencing is Tuesday. What has been happening between the arrest for his crimes and NOW. Looks as though his pleading guilty to "consensual sex with a minor" worked very well for him, but NOT for you and your daughter.
If you can, you should talk to a lawyer, but it seems a little late to change the charges to something more substantial. Perhaps the lawyer can get a postponement based on the fact that it was never explained to you that "consensual sex with a minor" would mean that this man would only get a year in jail.
For that matter, contact the Prosecutor. Not that it is guaranteed to do much good, because it looks as though a deal has already been struck.
Oh and yes, you did not tell us what state you live in. You can ask the Prosecutor or a lawyer, if you choose to obtain one, just what the laws are in your state regarding statutory rape as opposed to consensual sex with a minor. There is a difference as you now know between RAPE and consensual SEX.
Good luck
2006-10-07 06:01:17 · answer #2 · answered by Anonymous · 0⤊ 0⤋
I'm not sure about your legal system, but it would be appropriate to press statutory rape charges.
However, I know that here the age of consent is 14, so you may not have any right to do that.
14 is incredibly too young. That pig should have to rot for at least 10 years! That's the way it goes I guess...
Perhaps you could start a movement. Get in the press, and get this man's violent acts noticed by the public.
You should be able to find parents support groups on the Internet.
Good Luck. This truly is a terrible situation. Make sure your girl gets the help she needs too. She will have problems down the road if she doesn't get to talk to someone that can help her sort out her feelings.
2006-10-07 04:52:45 · answer #3 · answered by Nikki 6 · 0⤊ 1⤋
Contact the State Attorney/District Attorney in your County. If you havn't waited too long they should be able to help you.
Did you have your child examined by a medical doctor? Did they obtain DNA?, Is she receiving rape counseling.
These are very important points.
Was there any consent involved although an 18 y.o. with a 14 y.o. is considered rape in most states?
2006-10-07 05:17:48 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Sounds like it's too late for the statutory rape charge since it sounds as if he took a deal. The parent in me says wait for him to come home and kill him but you also don't want to get in trouble. I would definetly contact a lawyer asap and see what else can be done. (Maybe a civil suit against him?)
Good luck!
2006-10-07 04:52:08 · answer #5 · answered by . 6 · 1⤊ 0⤋
I don't know where you live, but in Florida, it wouldn't be considered statuatory rape. In Florida you can be with someone physically even if they are of age and you are not, with no more than a 5 year difference. So techincally your daughter could be with someone of the age of 19. Honestly, she's probably making it up because she was scared you'd find out that she was having sex with an older guy so she claimed rape so she wouldn't get in trouble. I've heard of this happening all the time.
2006-10-07 04:52:36 · answer #6 · answered by Rose 3 · 2⤊ 1⤋
contact an attorney and ask him about pressing charges for statutory rape. I am thinking that he was originally charged with that but they did a plea bargain with him if he would plead guilty to consensual sex? Either way, contact an attorney!!!!!! good luck, take care
2006-10-07 04:51:11 · answer #7 · answered by Michelle : 5 · 1⤊ 1⤋
You are free to press any charges you like, anywhere!
As far as fairness, that 18 year old will be getting himself
raped behind bars....As far as your 14 year old...he/she needs
a lot of counseling...CHRISTIAN COUNSELING! Teach your
child the ways of the Lord and they will return to it...that is a promise from the Lord. Get yourself, and your 14 year old involved in new circles...if it takes moving...DO IT!
2006-10-07 05:08:11 · answer #8 · answered by Anonymous · 1⤊ 0⤋
You should talk to the prosecuting attorney's office, tell them this is outragous and you want to speak at the sentancing hearing, plea with the judge to give me the maximun sentance allowed! Or you can go to the court house and kill him, no jury would give you more then a few years for it.
2006-10-07 04:52:43 · answer #9 · answered by Anonymous · 0⤊ 1⤋
Talk to your lawyer or someone in position to get all the information necessary.
2006-10-07 04:50:07 · answer #10 · answered by Megan 5 · 1⤊ 1⤋