can you be charged with statutory rape even if you did nothing wrong?

Question

can you be charged with statutory rape even if you did nothing wrong? how can they prove you did something even though you didn't, because only words have been passed saying that something happened so please give me some feedback and no it wasnt me, its happening to my brother inlaw

thank you

Answer 1

Statutory rape is called "statutory" because it does not have the intent portion of the crime that most other crimes have. Therefore, mental state is NOT an issue in statutory rape. That means that if two people had sex and the age differentials are what are required by law to show statutory rape, then it is statutory rape. "Consent" of the minor is NOT a defense; not even an issue. If the act occurred, the crime occurred.
Now if you are claiming the ACT did not even occur, then a good lawyer is called for.

Answer 2

Proving Statutory Rape

Answer 3

If a girl under the age of legal consent as defined by your state claims that a man had sex with her, the man will almost always be charged with the crime. Usually in these cases, it originally get reported to the police and the police take the girl to be interviewed by a special center that is set up for these type of interviews where specially trained people conduct the interviews. Sometimes the interviews are conducted by workers for Department of Human Services or such like organization. In certain cases, in small towns that are far away from big towns, it may only be a police officer that conducts the interview.

The police will then try to get medical evidence. Most of the time the medical evidence is just that the girl is not a virgin any more.

With that evidence, the man will almost certainly be charged with a crime. He will have to then put his case together, and it will be up to a jury to decide whether he has done something wrong or not--find him guilty or not guilty.

Answer 4

A person may be charged with a crime upon a sworn complaint of a victim. So a person can be charged with statutory rape if the minor claims to have had sex with the person arrested or if the parent of the minor reports that his/her child told them she had sex with the person arrested.

Simply because a person is charged does not mean the state will be able to bear their burden of proof (beyond a reasonable doubt) or that the defendant will be found guilty.

However a person CAN be convicted if the alleged victim testifies at trial and that is the only evidence. A jury is free to disbelieve or believe a person who testifies in court. So even if it is a "he said, she said", the jury can choose to believe either the victim or the defendant if he testifies (he does not have to). If they believe the victim, a person can be convicted even if there is no physical evidence backing up her claim.

Answer 5

For the best answers, search on this site https://shorturl.im/awH4i

So many wrong answers. Every state is different, parents cannot give consent for a child to be raped (nor can their lack of consent turn consensual sex into rape), and for most states, already being in a relationship just increases the number of counts of statutory rape, it doesn't absolve you of guilt. But oddly enough, already being in a relationship DOES have some legal impact in Massachusetts. Massachusetts age of consent is 16, but it's illegal to have sex with someone below 18 if they are a virgin. You being 18 doesn't change anything, you two are legal, and it's not illegal to obey the law. You can be arrested for literally anything, and charged with whatever the prosecutor feels like. You could jaywalk and be charged with treason. But charges are not convictions. You haven't broken the law, and while her father might lie to police to get you arrested, in the long run you have nothing to worry about.

Answer 6

Unless somebody claims to have caught the two in the act, the only person who can testify against your brother-in-law is the supposed "victim". Anybody else who says they heard they had sex is just hearsay and will be thrown out in court.

I remember in one of the Michael Jackson cases photos were taken of MJ's private parts and they had the victim recall specifics of them to prove that he had see MJ naked. This may be something your brother-in-law would have to do. This would prove that she had never seen him naked. Also where did the "rape" supposedly take place? Have those locations checked for bodily fluids/DNA from the victim. Such as car seats, sheets, mattress's. If your brother-in-law believes the girl is a virgin, ask the court to have a physical exam taken of her to check how intact the hymen is.

He will need a good attorney, but unless there is physical evidence against your brother, this case will be based mostly on hearsay and will likely be dismissed.

Answer 7

A prosecuting attorney can basically charge anyone with any crime.

If there's no evidence, though, the first thing the defense attorney does at trial is to ask for a dismissal, on the grounds that there is no evidence.

But you need to be aware that by charging your BIL with statutory rape, they are not alleging forcible rape. All they have to prove is that he had sex with someone who is legally unable to give consent to sex. His sex partner could be underage, drunk, mentally ill, or mentally defective. If they have a sample of his sperm, or if his sex partner got pregnant, his DNA will convict him. Without DNA evidence, they aren't likely to convict him unless he did it in front of a bleacher full of nuns or a video camera.

Answer 8

technically, yes, an innocent person can be "charged" with statutory rape -- or anything else as long as the charges seem plausible to the police.

an accusation of statutory rape on the part of the youth involved or his/her family could be enough to bring charges.

proving it legally is something else. if the only proof is other people saying something happened, then that is hearsay, and shouldn't be admissible as evidence or testimony.

(correction to above poster -- if the minor/victim names the rapist, but medical evidence is inconclusive, that is not then 'just hearsay' but rather witness testimony. such testimony can be quite strong evidence unless it can be discredited.)

Answer 9

If it's a female making the claim, they can examine her to find evidence of a crime. If that's not found, then you are correct: it is hearsay. This is one thing that makes rape difficult to prosecute if evidence is lacking, and one reason why women don't often come forward. One party, the accuser says this, the accused says the other. Their statements are a conflict of interest for both parties.

Answer 10

You can be charged for statutory rape if you have sex with a minor, even if it is consensual.

If he didn't have sex with someone underage, he could be accused, and even convicted, though it would be unjust.