You are a bartender, a patron comes in and shows the doorman an ID that states the person is 21. The night goes on, they really don't get drunk, so you think the person is cute, one thing leads to another and bam, you're having sex out in the parking lot after closing time. The next day you are arrested for having sex with a minor, are you going to be convicted or not?
2007-12-25 16:50:17 · 13 answers · asked by Dan C 2 in Politics & Government ➔ Law & Ethics
Ok...just to flesh it out a little, the state does not issue IDs with bar codes and correspondingly the bar does not have a bar code reader at the door. The doorman states that he cannot remember that person's ID in particular, and the person in question is not, I repeat is not a prostitute and his/her story is that the sex was consensual. Got enough details in for everyone?
2007-12-25 17:10:17 · update #1
No conviction, the kid falsified his identity.
2007-12-25 16:59:50 · answer #1 · answered by Jakarta Worker 6 · 0⤊ 0⤋
Statutory rape is almost like strict liability. You should have taken all the steps to make sure the girl is not underage. When in doubt, don't have sex. If you do, it doesn't matter if the ID was fake, or whether you remember the ID or not. You should have known better. You will likely be convicted. Remember, in a criminal case it is the State v. You, not the Underage Victim v. You. So the state interest is to punish your conduct on behalf of the society. When the duty is put on your as an adult to make sure you don't have sex with a minor, what deceptive conduct regarding the fake ID that she may have done is not as important. You can try that as a defense, but probably won't help you out a lot.
2007-12-25 18:21:54 · answer #2 · answered by Andy 4 · 1⤊ 0⤋
Which state are you talking about? Illinois had a kicker in its sex crimes with minors- no charge if believed to be a prostitute 14 or older. What age? If you are going to make up a question at least complete the question and give the legally important details on a law forum. A 21 Id , drinking, willing to have s*e*x with you, could lead you to believe she is a prostitute and no conviction in some states. .** regarding details- NO that is not enough information- STATE and AGE were requested- still not given, what are you hiding them for? .
2007-12-25 17:00:36 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Maybe but that depends on the jury and the state it happes in. Age of consent varies from state to state. If they are that far under the age, you should look for a different job. Obviously you don't have the ablity to estimate ages.
The bar will be fined for serving a minor alcohol.
2007-12-25 16:55:35 · answer #4 · answered by Kevin k 7 · 0⤊ 0⤋
I would say no, you won't be convicted. A good lawyer should be able to prove that you were within reason to believe the other person to be of age. Due to the fact that you were at an establishment which id's people for age as a restriction of entrance.
2007-12-25 17:00:28 · answer #5 · answered by John G 3 · 0⤊ 0⤋
You're probably going to be convicted -- because in most states, the law doesn't really care whether or not you knew the person was a minor... and often, presentation of a false I.D. isn't enough to cover your butt.
2007-12-25 18:11:51 · answer #6 · answered by Anonymous · 1⤊ 0⤋
It depends on whether mistake of age is a defense. In some jurisdictions, if a person is under a specific age, it doesn't matter if you thought the person was old enough to consent, the mere fact that they are under that specific age and you had sex with them, it is considered a crime.
2007-12-25 17:10:34 · answer #7 · answered by Lawman03 5 · 2⤊ 0⤋
the bartender is not responsible to confirm a person's age regarding sexual activity you will be held responsible for your action. there is no such thing as having sex with a consenting minor. you can have it only with a consenting adult if it happends otherwise you must respond in the court of law.
2007-12-25 17:35:17 · answer #8 · answered by babak_shojaei2000 2 · 0⤊ 0⤋
To many issues to question before guilt would be placed.
Door man needs to be question
ID needs to be checked.
Person in question needs to be questioned.
Bartender needs to be question.
There is just to much information to be checked on this isssue.
Does the law in that state require you to check ID before you serve. I would look to this being a key factor in this issue. In Texas, a bartender is required to seek out ID before they serve the anybody.
2007-12-25 17:01:11 · answer #9 · answered by Anonymous · 0⤊ 0⤋
I think that a minor who lies about their age to gain benefits should not be allowed to coward out & cry anything.
I think a federal law should be past prohibiting anyone from age 13 to lie/misrepresent their age.
Unfortunately too many ppl see these 'kids' as 'victums' and not the stupid trouble makers they are.
2007-12-25 17:24:19 · answer #10 · answered by PeachJello 6 · 1⤊ 1⤋
If she was under 21 then you have a legal problem.
2007-12-25 17:21:58 · answer #11 · answered by Citizen1984 6 · 0⤊ 0⤋