Need answer from police officer or attorney , Please.?

Question

14 year old daughter is carrying on relationship with guy in military. We believe the guy to be 18-19. My husband talked to this man and ever wrote him a letter explaining to him that he forbid the relationship and it needed to stop immediatley. The man agreed. Come to find out, our daughter skipped school and we believe this guy was home from Georgia, picked her up and crossed state lines. We believe that they are sexually active. Now, she was a willing participant and returned home the next day. We want to press charges and believe we have enough evidence for a conviction. My question is....What will happen to him in the form of punishment? Mind you our daughter is no angel and is out of control and we are doing our best to put a stop to it now. Any help or suggestions would be appreciated. Oh, yeah, she is carrying on with this man at her mother's house which is in another state. It only takes about 25 minutes to get over there. She is my stepdaughter and my husband has custody.

Yes, yes, I understand where you guys are coming from. But, what about the military . Don't they have standards or a code of ethics or something? We are so frustrated with this situation. We have laid down the law and her behavior is getting worse!

UpNorth,
I agree, but, we've only had custody for about 2 years. No supervision for a long time while living with mom. Which is why we have custody. Tried getting her help. She won't participate with therapy. Mom does not help the situation at all. Does not agree with any type of dicipline with this child. It's a very sad thing. But, the guy was warned not to make contact anymore. My husband is livid about that too. Gave the kid a second chance to redeem himself and have some honor and integrity. They still continued to go behind his back. I think mom knows what has been going on though.

Mikeysco,
I appreciate your brutal honesty. The girls is out of control. I think she chases after this guy. And well, he, technically is still a kid too. My husband has talked to him and the guy promised to end the relationship. But, we think otherwise. And no, we haven't actually "seen" them having sex. It's just a very volitile situation that is extremely emotionally charged at the moment. I really don't want to disclose the state we live in. Too much info if you know what I mean. My husband was thinking of contacting his commanding officer. But, he really doesn't want to ruin this kid's life. I think that my husband needs to weigh his options first before jumping into a decision that could affect alll of us involved. I think that's really why I posted this question. Thanks to all for the sincere responses.

Answer 1

I'm not an officer or an attorney, but I've been there, and have seen my brother go through it.

You do have a case. Here's the thing.
It all depends on the state you live in; however being that she's 14 and he's 18 that right there is good enough. Most states have a 2 yr difference law. Meaning a 16yr old can have sexual contact with an 18yr old and there's really nothing that can be done. BUT he's also in the forces. SO it's different.

9 out of 10 he would be dishonorably discharged, and kicked out of that branch of service. Plus he could also face statutory rape charges if you and her father decide to press them. You can make her have an exam at the hospital, and they would be able to detect if she's had intercourse before. BUT it would be hard to get any DNA if they haven't slept together in some time. There are many things you can and can not do. I would suggest that you contact your local authorities and let them lead you in the correct direction.

Also with the fact that he took her over the state line, you could also get him on kidnapping charges. She's a minor she's not able to make that choice. As the adult he's suppose to be he could be charged with it.

Good luck and I hope every thing works out for you!

Answer 2

If the man is over 18, whether your step daughter has 'agreed' to have sex or not, it is 'statutory rape' ... the man, if 'convicted' of this could be sent to jail as a 'sex offender' for five years. If her mother 'knows and approves' she can also be 'convicted' on a lesser charge of 'contributing to the delinquency of a minor' and possibly 'contributing to the dependency of a minor.' Since this man is in the military and 'state lines have been crossed' for the purposes of 'having sex' the charges may actually be 'FEDERAL' and this man may be 'court martialed' and given a 'dishonorable discharge' which means that he'll NEVER be able to vote again (most felons can't vote anyway, especially those convicted of being 'sexual predators') ... and I think that you and your husband should call the 'attorney general' in the city where you live and ask that an 'investigation' be started immediately. Your stepdaughter will HATE YOU but that probably won't last forever ... and even if it does last forever, you'll be doing HER good, and also be helping get and keep 'sexual predators' off the street.

Answer 3

Your mother could get a restraining order or order of child protection (what they call them varies from state to state) against the 19 year old. She should report her suspicion that they are having sex (and she's probably right) to the police. In most states it is illegal to have sex with a person under 17, but some states require the perpetrator to be older than 21. A 14 year old, however, is probably good for statutory rape in every state. Your local police can clarify this. Your mom needs to continue taking a hard line on this. It is in your sister's best interest to stay away from the boyfriend until both of them are mature enough not to lie about their relationship. Things will be very difficult at home while your sister goes through this. Good for you for helping out your mom!

Answer 4

Go to the police department and file a report... He will be picked up by the MP's if he is on base and turned over to the civilian police for arrest. If convicted the sentence can vary wildly depending on a myriad of factors from the state he is convicted in to the judge. If you have trouble with your local police contact the FBI as crossing state lines with a minor is a federal offense. The US Attorney's Office will likely charge him if the state authorities are unwilling to do so. Because he has broken state and federal laws there is actually nothing to prevent you from contacting both state and federal authorities at the same time. They can instigate simultaneous proceedings against him and he would be tried in state and federal court.

His military career would be over. He will likely only be dishonorably discharged if he is going to face civil jail time.

Also, If convicted he will be deemed a sexual predator and be forced to register with the authorities for the rest of his life.

There is no defense to statutory rape. He eithere engaged in it or didn't. Her acquiescence is irrelivant. So if he did have sex with a minor he will pass go and go directly to jail.

As far as his mother goes it is unlikely that any charges will stick against her but you never know it depends on the actual facts of the case.

Good Luck. Stay tough with your daughter but don't for get to tell her that you love her as often as you have to chew her out. All too often children only hear part of what their parents say and it is usually just the negative.

Edit-

If all you want to do is make this guy's life a living hell outside of the legal system speak to his commanding officer or find out the name of the senior enlistedman at his base and give that guy a call. If you contact the enlistedman he may or may not handle it himself. If you contact the CO he will push it through the channels but that will seem like a walk in the park compaired to what his sgt will do to him.

Answer 5

Well, it's statutory rape, and he could go away for a long time... depending on the state in which you live.

Also, transporting a minor across state lines in order to do certain things is also against the law.

You need to talk to an actual real-life attorney as soon as possible.

Answer 6

I think the guy in this is clearly wrong however, what do you think is going to happn when this guy is out of the picture, it will be another and then another and so on. Your real problem with the girl herself. You need to get her some help more so than ever. I think there should have been some intervention years ago, trying to play catch up on her uncontrollable behaviour is a losing battle.

Good Luck and Godspeed

Answer 7

Here is the Georgia legal code on Statutory Rape.
§ 16-6-3. Statutory rape


(a) A person commits the offense of statutory rape when he or she engages in sexual intercourse with any person under the age of 16 years and not his or her spouse, provided that no conviction shall be had for this offense on the unsupported testimony of the victim.

(b) Except as provided in subsection (c) of this Code section, a person convicted of the offense of statutory rape shall be punished by imprisonment for not less than one nor more than 20 years; provided, however, that if the person so convicted is 21 years of age or older, such person shall be punished by imprisonment for not less than ten nor more than 20 years. Any person convicted under this subsection of the offense of statutory rape shall, in addition, be subject to the sentencing and punishment provisions of Code Section 17-10-6.2.

(c) If the victim is at least 14 but less than 16 years of age and the person convicted of statutory rape is 18 years of age or younger and is no more than four years older than the victim, such person shall be guilty of a misdemean

Answer 8

The age of consent in Georgia is 16 as specified by Section 16.6.3 of the Criminal Code of Georgia.He also "kidnapped" a minor and transported said minor across state lines. Do you have subtantiated proof?

Answer 9

Call the Army JAG office, whatever that's called, and have them start an investigation...maybe some heat from the Army will be enough to keep him away...if not, charge him statutory rape and kidnapping ( taking a minor cross state lines).

Answer 10

That will depend on the states invoved. For instance (I'm sorry to say) in MIssouri, there is no crime committed when a person twenty years of age or less has sex with a fourteen year old.