lawyers only please!! if a 13 year old was raped and the 19 year old got 3 years in jail then the 13 year old?

Question

said it was consensual how much time would be knocked off including involuntary deviate sexual intercourse, criminal tresspassing, rape, etc. i know he could still get in trouble for messing with a 13 year old but how much time ould he get with all those things knocked off the charges? by the way we live in pa

i know he will get time knocked off b/c he is in jail with a guy and the guy is 29 and the girl was 15 and she said it was consensual and he only got 4 months for corruption of minors

Answer 1

They don't just "knock off time" he was conficted of Rape and only got 3 years... he should feel dang lucky!
If the charges were dropped and refiled based off the statement of the 13 year old they likely would refile charges of L&L against him which carries a longer sentence then rape.
He's lucky he only got 3 years for having sex with a child barely old enough to know what sex is!
She's surely is NOT old enough to give consent!!!

Answer 2

No, you don’t KNOW that “he will get time knocked off". The law is not that simple. Every case is unique and many different factors play into each case. Just because something happened in one case does not mean that it will happen in another. Your cases are NOT the same because you were 13 and this other child was 15. So there is at least one (big) difference and maybe more.

With that said, IF the DA believes that he did not physically force you to have sex, then the rape charge *might* get changed to “statutory sexual assault” which is STILL a felony. Let me add that this will only apply if you were 13 at the time of the crime (and, yes a crime occurred). If you were *one day under 13* then the rape charge will stick regardless.

The “involuntary deviate sexual intercourse” (which is also a felony) will stick regardless of rather or not you claim you consented. And of course, criminal trespassing will still apply.

I’d say regardless, he’s going to be receiving a nice, long prison sentence. And he should!

Are you still in contact with this man (since you seem to know so much about the people he’s in jail with)? If so--CEASE CONTACT or you may face even more problems.


EDITED TO ADD THIS:

Since you said he was in ‘jail’ I initially thought he was in jail awaiting trail, but after re-reading the question, apparently he’s already been tried and convicted. You might as well give it up. He’s already gotten off d*mn light with just 3 years.

Answer 3

NO time is "knocked off". A 13 year old is legally incapable of giving consent. Any sex is rape and will be treated as rape. Not only is it rape, but rape of a child. The 19 year old will have to register as a child sex offender / pedophile once he gets out of prison.
******
You have a baby by this pedophile, don't you? Many states consider 15 AOC. 13 is definitely not. You can plead for this monster all you want. He's not getting any sympathy here (just read all these answers AND the answers each time you've asked this question) and he won't get any from the criminal justice system.

He is now a convicted pedophile. His parole will entail staying away from children under a certain age. You might want to consider the best interests of your own child rather than the interests of this monster.

Answer 4

None. The age of consent is not 13 so it doesn't matter if she consented or not. He took advantage of a child, period.

Edit: A 15 year old who is close to 16 may be considered close enough to the age of consent...to have that be a consideration. A 13 year old is not. In many states, a 15 year old can be tried as an adult. In NO state can a 13 year old be considered an adult. This is because there's a big difference in maturity between age 13 and age 15.

A nine year old can SAY yes. Does that make it consentual?

Answer 5

Being 13 years old means she is a minor and therefore cannot consent to having sex with an adult - period. He will serve whatever sentence the judge meted out, if he's lucky, he MIGHT get time off if he behaves while incarcerated. I can't think of any state where the age of consent is 13.

Answer 6

Consentual or not - it is still Statutory Rape...

"Statutory rape is the crime of sex with a minor under the age of consent (AOC), the age at which individuals are considered competent to give consent to sexual conduct. Statutory rape differs from other types of rape in that overt force or threat need not be present. By law (statute), any such sexual activity is assumed to be coercive since the 'minor' is considered by law to be incapable of giving consent to the acts."

Answer 7

None. Courts seldom consider recantations by witnesses. A 13 year old cannot consent, anyway, so it's moot. It's child rape no matter if she consented, begged him, or even paid him. He's damn lucky he only got three years; he could have gotten A LOT more. He got three years and he's going to do three years no matter what the girl (you) says.

Answer 8

By definition, statutory rape cannot be consensual so it doesn't matter if the 13 year old says it was.

Answer 9

I'm not an attorney but I know that a 13 year old is not legally capable of giving consent. A 19 year old should not be having sex with a 13 year old. End of story.

Answer 10

In most states you have to be 14 to have so called consensual sex. In most cases sex with someone under the age of 14 is considered rape regardless of the situation if the other person is above 18.