help!!!!!!!! my brother might get charged with rape but it was not a rape?

Question

OKAY SO MY BROTHER IS BEING THREATEN that the parents of this girl who slept with him after a party she vulentarely went to his house slept with him then she left went home but an hour later there was policeman at his house they took the sheets of his bed as evidence and now the parents are trying to acuse him with rape now he is 18 yrs old and she looks just as old but as unbeilibable as this sounds she's 12 yrs old but she had lied to him in the first place and he was under the influence of alcohol and mariguana what can happen to him this is in arizona

Answer 1

THIS IS NOT LEGAL ADVICE. My advice is that you consult an attorney for assistance. With that said, the following is my general opinion, not to be used for any purposes.

The crime that your brother likely committed is statutory rape. Generally, statutory rape is a strict liability crime, meaning that intent and consent is irrelevant. All the prosecution needs to show is that the acts occurred.

First, since intent is irrelevant in strict liabiltiy crimes, the fact that he was drunk or that she lied is also irrelevant to determining his liability.

Second, even assuming she gave consent, it is invalid. As a 12 year old, she does not have the capacity to give consent for such matters. Therefore, even if she gave consent, it is irrelevant in determining whether your brother committed the crime.

Answer 2

This is statuatory rape in every state plain and simple. Your brother probably will be and should be charged. The girl's parents are her guardians and are the ones who can pursue a complaint.

It does not matter if the sex was voluntary or not, she is not old enough to consent to sex and that is why the law exist, it puts the responsible on the older person to make the right decision, which is DO NOT HAVE SEX with a 12 yo. You say he was under the influence, what about her, was she under the influence as well, if so it makes it all that much worse because that even lessens her ability to make decisions that she cant really legally make anyway. Did he give her alcohol or marijuana, if so even worse.

As for him being under the influence, too bad, being durnk is not an excuse, if you play with fire you get burned. This is just one of the very bad things that can happen at parties with underage drinkers and drug users. This is why these things are illegal not just so cops can give kids a hard time. I am sorry if I sound harsh but I have no sympathy for your brother, he made very bad decisions and did many illegal things. He put himself in this situation not anybody else and now has to pay the consequences. It is very very common knowledge that you can not have sex with young girls everyone knows this.

Maybe she did lie about her age, maybe not, it has been my experience that one of the first things someone who gets caught for this says is "oh she told me she was 17 (or 18 or whatever) so I didn't know". This is very often a lie and the best way they can come up with to try to get out of it. If he can PROVE that she lied about her age and that he didn't he didn't take advantage of her lack of decision making ability and/or her current state of mind (under the influence)then it may not be quite as bad for him but still he can still be charged even if that is the case.

If I was the parents of the girl I would pursue this to the fullest extent, of course she would be punished to for her part and also the parents need to pay better attention to what their 12yo is out doing.

As for what can happen it varies greatly from state to state. It is statuatory rape everywhere. He is an adult so it will be worse then if he was under 18. In my state on average he would probalby spend a year of two in prison, then be on probation, and have to register as a sex offender.

Answer 3

If it's Arizona, he's screwed. They are extremely strict in Arizona. I have a friend who has to register as a sex offender because at the age of 13, he had stripped during a game of truth or dare. He spent 8 months in jail about a year ago and is on probation now in Illinois.
He met a lot of people in jail who were awaiting trial for far less-serious offenses than what your brother is being charged with, and they were facing a lot of prison time (several years). Example: a 14 year old male was facing several years in prison for having oral sex with a minor -- the minor was 15 years old (older than he was)!

Answer 4

Best advice? Don't listen to Faith up there. It would be like watching the Hallmark channel or Oxygen.
Look, Unfortunately the girl probably was faced with trouble over drinking and reacted with this to cover. People do it all the time and don't even know why. I feel for your brother because it's always set up to have someone say you did it and then spend forever trying to prove your innocent, not the other way around. It is too easy to get in trouble when someone says rape, cause no one knows and just goes on blind faith.
Head up, and if he truly did get fooled, then shame on her. Thats what makes the male race feel the way they do about women, and she will just be fueling it. A mistake is a mistake, but don't ruin someones life.
And if he did force himself on her, then shame on him. Because thats what makes it so easy for innocent men to get the rap for rape.
Good luck.

Answer 5

!8 year old had sex with a 12 year old is statutory rape regardless of consent. It also is no excuse that he was under the influence and she lied. Get a lawyer because he is going to need a really good one.

Answer 6

It is definitely statutory rape. It makes no difference if she consented or not, because she was under the influence AND underage, so she was not capable of consenting for 2 reasons. He needs to get a good lawyer immediately. He will probably get prosecuted for this, and have to pay a pretty big fine.

Answer 7

i don't know honey but am sorry about Ur brother i have a brother to who i love with my heart and I know he would never do that. I don't know ur brother but maybe he did not do it or he did I don't no. but I think u need to get a good lawyer that girl needs to speak up and tell the truth because ur brother is in real deep now am sorry i could be more help hope it works out 4 ur brother but if he slept with her she is under age so it is kinda rape.

Answer 8

Whether or not she voluntarily had sex with him or not, he's an adult and she is a minor. This is considered statutory rape. The fact that he was under the influence of drugs and alcohol is not going to help his case. He needs to get a good lawyer.

Answer 9

First, if you weren't watching them have sex, you don't know if it was with her consent or not. Second, how could he not know she was that young? Did he know her from school? Work? Of course not.
If he was doing drugs and drinking and decided he was a bit horny, then he sort of gets whatever happens. He is old enough to know to be careful who he beds. Let us hope neither one ends up with HIV.
She is way below the age of consent, so it IS rape, even if he didn't have to hold her down to do it.
Still kinky that you seem to know every move your own brother made under the sheets though.
And of course they took the bed sheets. That is hard evidence. Doesn't matter if she was all "oh baby, oh baby" or " get off me", he was in the wrong.
He could serve time, and have to register as a sex offender. Which might just teach him to be careful who he beds next time.

Answer 10

I believe she looks older. I just met my 15 y.o. nephew's girlfriend at a family get together. I thought she was the wife of one of my cousins! She looks AT LEAST 25 and she's 15. Good grief. It's hard to tell these days.

Regardless, she obviously reported rape. (Maybe her parents found out and to avoid getting in trouble herself, she blamed it on your brother??) And if she is underage, that's technically what it was.

This is a big problem. He needs to hire an attorney. If you have no $$, check with legal aide in your state/city. They might be able to help.