To get started building a strong defense, call our law firm at 919-838-6643 or reach out online. 5Refute the offender's claims of ignorance. How long does a statutory rape investigation take action. How to Beat Statutory Rape Charges. This charge assumes that no force or coercion was used to compel sex, but rather that the person was not in the state of mind to provide consent, and that the other person knew, or should have known, and took advantage of the drunken state. Sexual abuse: Like "sexual assault, " this term isn't the official name of an offense in North Carolina. They often involve negative publicity.
In Arizona, statutory rape is called sexual conduct with a minor and is defined under ARS 13-1405. Participation in victim-offender mediation. If you are arrested and taken into custody, you have the right to remain silent. Ratings reflect the anonymous opinions of members of the bar and the judiciary. I want an attorney. " You'll find aggressive legal allies at Roberts Law Group. How long does a statutory rape investigation take control of scrivener. The court or jury then must make a determination of who is more credible, which is a very inexact science. What if the victim does not want his or her partner charged with this crime? You may suggest to her that she contact a rape crisis center to discuss what happened with a counselor. If an officer or federal agent comes to your home, you can handle the situation in much the same way. What Is The "Romeo And Juliet" Exception?
But most parents have experienced infatuation and love and sex before and have seen a lot more of the world than their children. What you know about the age of the person does not matter. The allegations were extremely serious. Unfortunately, if you have prior criminal history, then the possible statutory rape sentences increase drastically. Rape in the Third Degree is a non-violent E felony, punishable by up to 14 months to four years in prison. However, offenders often get away before the police arrive. Sexual Assault (ARS 13 1406) – Learn About Arizona Rape Laws. Investigations of significant felonies or those that cross state lines may be handled by a federal agency, such as the Federal Bureau of Investigation (FBI) or Drug Enforcement Administration (DEA). You will have an opportunity to talk to your legal advocate before the police interview you the first time. You may worry that hiring a lawyer during a criminal investigation will make you look guilty. Recent Anonymous Email Question About Statutory Rape:I just recently started dating my girlfriend about a 4 months ago.
Going through the criminal process can be a frightening experience. New York City Third Degree Rape Lawyer | Unable to Give Consent. Special information if you have been a victim of rape or other sexual assault. If you have been raped or experienced another similarly serious sexual assault, a doctor may need to examine you. In fact, she might be able to contact that organization for a referral to a center closer to where she lives. If the police expect you to appear in court as a witness, you can be assigned a contact person.
They may claim they are trying to help you, your family members, or friends. She immediately replied with "no". Rape, Sexual Assault, And Related Sex-Crime Definitions. Therefore anyone who has sex with a person under 16 does so without that person's consent. What Does Prosecution Need to Prove in a Rape Case in VA. Therefore, many people ask our lawyers if they will be required to register as a sex offender if they are convicted of statutory rape. It should be noted, however, that the Romeo and Juliet law may protect those engaging in sex with a minor, provided the accused meets the requirements.
If you have a comment you would like us to post on this site, please write "Comment" in the subject line. A person can't be deemed to have consented if they merely submitted (or didn't fight back) due to threats, fear or coercion. Most states set the age of consent at 16. If the victim's age is under 16, you have committed this crime. What are the Defenses to Rape in Massachusetts?
However, under PC 290. And when the allegations involve a minor, the stigma is even worse. If the prosecution can prove all of these elements, you could face serious penalties for statutory rape. The police interview. 006, the court has the discretion to order you to register as a sex offender as part of your sentence if the court finds that you committed your offense "as a result of sexual compulsion or for the purposes of sexual gratification. Below are several common examples that illustrate the differences. In New York, rape is characterized as engaging in sexual intercourse with another person without that person's consent. The physical evidence typically presented is the medical examination of the victim that was performed as close in time to the alleged rape. How long does a statutory rape investigation take back. For example, in the crime of "statutory rape of a person 15 years old or younger, " the offense is charged as a Class B1 felony when the defendant is six years or more older than the alleged victim. The success of our criminal defense law firm has helped us achieve the highest of merits, including a 5 out of 5 AV rating on, a 10 out of 10 rating on, and an A+ rating from the Better Business Bureau. 1Understand the "elements" of statutory rape.
The story i was told was that he asked her to take a ride with her. Class C statutory rape or statutory sexual offense (when the defendant is within 6 years of age): These offenses carry a prison sentence of 44 to 182 months (3. Physical inability or impotency: Any evidence that the accused is incapable of raping can be used as a defense to rape. These professionals may test biological substances for identifiable DNA. Sexual abuse and assault statutes vary from state to state, but in general, prosecutors need to prove three things: First, that sexual contact occurred (usually intercourse, but some states are more inclusive of what activity constitutes rape); second, that the parties were unmarried; and third, that the victim was under the age of consent when the sexual contact occurred. Your attorney can then advise you on whether you should make an official statement or not. Yet it is critical to understand that the consequences of a statutory rape conviction will extend well beyond the terms of the sentence. They take these cases very seriously and pull no stops to obtain a conviction.
Whether you have just been arrested or you have already been charged with a sex offense related to statutory rape, our firm can evaluate your case in order to determine the best possible defense strategies given the particular facts surrounding your arrest. We knew they would have their work cut out for them. What You Need to Know When You Are Charged with Rape or Sexual Assault in Massachusetts. Let Us Start Fighting For You.