sexual predators..i have a friend that i have known for almost 10 yrs now?

Question

he was wrongfully accused of forcing oral sex on a 11 yr old girl, when he was 16.she was good friends with him, he had a learning disabilty and was way to imature for his age, so the only ones that would hang out with him was the younger kids in the neighborhood,
the girl was giving oral to all the kids in the neighborhood for money.he wanted no part of it, but after weeks or pestering by her,he finally consented, being a virgin and all, he wanted to see what it was like.he never paid her the 5 bucks and she got pissed and told everyone bad stuff about him, another kid was telling the story to someone and and adult heard that a 16 was having sex with a 11 yr old and called the cops.he was arrested.she was 2 afraid to tell her abusive parents the truth cause she would then be in trouble.now there is a which hunt out for him, and his life is destroyed, a registered sex offender for life,they break his windows and call him names.they put flyers on the elec. poles.what can be done?

i know both people involved,and i know what her parents would have done to her for doing this then lying about this,her own brother and sister wanted to defend him, but the parents would not allow them to goto court,he had no mopney for a trial, even so. if the jury believed her over him he would be doing 10 yrs.,

Answer 1

Sorry there really isn't much that can be done. In most states sex crimes with minors aren't based on consent. If she is a minor (and at 11 I'm pretty sure she is) it is assumed that she can not give consent to sex, it does not matter that she has sex all the time.

The only thing that needs to be proved is, was she a minor, did they have sex, and did he know she was a minor when they had sex (and in many states even if he did not know he is still considered guilty). Her consent is never an issue.

He needs a really good lawyer, maybe their is something to the fact that he is only 16, he should still be considered a minor himself. But I can not stress enough that her consent and her sexual history have zero relevance.

Answer 2

Unfortunately nothing, there are literally thousands of people caught up in the legal absolutes that the law stipulates. What it comes down to is he was 16 she was 11. I know boyfriend/girlfriend couples that had consensual sex (teens) where the male was more than 4 years older than the females and the same law applies. Sucks but that is the way it is. For the male convicted he cannot even move without re-registering in the new community. The fact he was mentally challenged should have been a factor in court, if it was then he was tested. If the tests claim otherwise then the mental deficiency would be thrown out and trial proceeds as he was a normal thinking person. I've never heard of a true mentally challenged person passing the tests as a "normal" person would, and I've been doing this a long time. As far as being harassed, the laws apply to him as well as anyone else not convicted of anything. He should notify the local law and file the appropriate charges.

Answer 3

I think that your question raises some relevant questions about the way in which crimes are prosecuted these days, regarding age specifically. While I will will say, from the outset, that any guy that is 16 years old should be aware that it is wrong to stick his penis in an 11 year old girl's mouth, regardless of her consent. I doubt that there is a logical argument in his favor on that one.

The question that I think is relevant, however, is the age at which the law can consider a person "aware" of the laws, and therefore responsible. Would the law prosecute a 5 year old for manslaughter if he was playing in a car and put it in drive and it ran over someone? Probably not (although they may prosecute the parent). The law would certainly prosecute an adult that did the same thing. So the question becomes, at what age is a child no longer free from responsiblity for it's actions? The first response out of many would be 18, however the law has proved that not to be the case (as in the example with your friend). I would argue that the degree of responsibility for a crime should not depend on the severity of the crime. Many children have been prosecuted as adults for more serious crimes. I disagree with this unless the same aged children would be prosecuted for less serious crimes. If they are old enough to know better, then they are old enough to know better, regadless of the seriousness of the crime. I would agree that an 18 year old male having consensual sex with a 17 year old female should not be viewed the same as a 40 year old man having sex with a 14 year old girl, consensual or otherwise. However, I think that 11 is far to young, regardless of the circumstances, and your friend should have known that at 16.

In the case of your friend, I do not think that simply because he was immature for his age, and this young girl was voluntarily sexually active, that he should be free of responsibility of his actions. I do, however, agree that there are some serious problems with our justice system, and that your friend shouldn't necessarily be categorized with serious convicted sex offenders such as serial child rapists. However, again, that raises the same issue...if you are old enough to know it is wrong...

Answer 4

If he was 16, how does anyone know about this???? In our state a crime committed by someone who was 16 would not be public knowledge. I know a child who was molested at age 4 by a 16 year old and now the molester is 21 and the records are sealed.

What information is being posted? I would make sure any information being spread was legally obtained and if not try to go after the folks spreading it.

As for the circumstances of the case, the time to contest it or appeal is over. The fact is he had sexual relations with an 11 year old girl when he was 16, and that is illegal.

Answer 5

I'm wondering what state you're in... In my state, as long as both people are under the age of 18, he would not be considered a sex offender per se, and the records would be sealed at 18. And if she was doing that, get the other people she did that for to testify that she was doing that.


(Though honestly, I'd find out if she would just take the five bucks and shut up.)

Answer 6

The girl must recant. Do you have any evidence of all of this? Provide it to the local prosecutor.

This is the problem with the sex offender laws (and their constant ratcheting up these days)... an accused sex offender, regardless of conviction, becomes evil incarnate, and stays so the rest of their lives regardless of the truth, a mistake, or anything else.

Good luck on this uphill battle.

Answer 7

he should of paided her.and thats what hes says.

Answer 8

offer to testify on his behalf

that is about all you can do