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  1. #1

    Unhappy Unlawful Sexual Activity With a Minor - Harsh Penalty

    My question involves criminal law for the state of: Utah
    I am a bit surprised at the sentence handed down to my son for Unlawful sexual activity with a minor.(3rd degree felony)
    First let me give some details..
    My son met a girl that had come into his place of employment & they exchanged phone #s. A few days
    later the girl contacted my son and they began to build a friendship. The girl had told my son she just
    turned 18 (my son was 20 @ the time) they had been conversing via the phone for a couple of weeks
    & decided to meet for an outing.(The girls older sister came along as well)
    A few weeks later the relationship started to become physical. They were at her house & one thing led
    another. My son stopped in the middle of the act and explained that he wasn't sure about his
    feelings for her & didn't want to hurt her and also didn't want to be hurt himself so they decided to take
    take it slow & not introduce sex into the relationship @ that point. A week later my son discovered the girl
    was not 18 & that she was actually 14. He immediately contacted her and told her they could no longer see
    each other and could not remain in contact because of her age and that it was an inappropriate relationship.
    She understood and apologized for lying about her age.
    9 days later my son was contacted by an investigator who informed him he had gotten a report from the
    girls school about the relationship. The girl had been talking to a friend about the relationship and the
    information found its way to the schools resource officer. The girls mom was noticed & she told the investigator
    she did not wish to file a report or press any charges. She stated her opinion was the incident was
    a adolescent indiscretion & she had talked with my son and was confident he was sincere and honest
    regarding the situation and she felt it was not worth destroying his future over. My son was 100 percent compliant with the
    investigation and even agreed to a request made by the investigator to try getting the girls mom to
    admit telling my son to lie about the incident adding there would be no case if both he & her daughter denied the
    Incident (which she did admit & was recorded)
    The state of Utah filed charges against my son and ultimately charged the girls mom with witness
    tampering (3rd degree felony) My son plead guilty and was sentenced to 6 months in prison (suspended)
    90 days in Co. Jail, 36 months supervised probation and ordered to comply with group A sex offender requirements.
    His probation includes sex offender treatment, psycho sexual evaluation, no contact with anyone under 18,
    random visits and searches of the home, residence & employment must be pre approved, weekly reporting,
    No alcohol or drugs (my son does neither) submit to random drug testing & has a $5000 fine. The girl admitted
    she lied and stated my son was never disrespectful and never tried to talk her into any sexual activity.
    I don't see how he should be required to register as a sex offender for 10 yrs and is in the same group
    classification with child predators and rapist. Is this typical sentencing considering the case details? Thank you for any and all opinions and or advice.

  2. #2
    Join Date
    Mar 2007
    Posts
    9,085

    Default Re: Unlawful Sexual Activity With a Minor - Harsh Penalty

    It is HIS responsibility to check the girl's age via a reliable method.

    The sentence is normal for his crime.

  3. #3
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,276

    Default Re: Unlawful Sexual Activity With a Minor - Harsh Penalty

    lucky his 6 mo. jail time was suspended .....

  4. #4
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,560

    Default Re: Unlawful Sexual Activity With a Minor - Harsh Penalty

    Here's an old trick.

    Make a remark about your goofy drivers license photo. Ask to see hers. Bingo! You can compare name, photo, address, and....birthdate!

  5. #5

    Default Re: Unlawful Sexual Activity With a Minor - Harsh Penalty

    If my son had any doubt about her age he would have asked to see her Drivers License. If only
    he realized the "what if's" before hand the relationship would never began.
    Is there any organization that educates teens and young adults regarding this type
    of issue and how to protected themselves as well as the other person from making the
    same mistake as my son? It is still disturbing to know that situations like my sons
    can result in such a devastating manner.
    Also how sad it is that minors, be it male or female feel the need to be dishonest about
    how old they are, and that so many young adults are not aware of the laws or don't fully
    understand the serious consequences. If only we had known and understood ourselves as
    parents we would have educated my son as to the" what if's" and avoided the entire matter.
    Thank you for your responses.

  6. #6
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    27,511

    Default Re: Unlawful Sexual Activity With a Minor - Harsh Penalty

    Generally, parents are expected to educate their children about such things.

    The consequences of stat. rape/sexual contact with a minor have been well-known and well-publicized for decades.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  7. #7
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,560

    Default Re: Unlawful Sexual Activity With a Minor - Harsh Penalty

    Is there any organization that educates teens and young adults regarding this type of issue and how to protected themselves as well as the other person from making the same mistake as my son?

    Yes....the organization is called a PARENT sitting down to discuss it with their kids, preferably while they are at the age where they might start having sex. On this forum, we see many kids asking when they can have sex...."I'm 17, my girlfriend is 13...when can we do it". Sometimes it gets worse. 23 with a 16 year old. Scary, huh?

    Look. I had a 7th grade classmate start school with a very obvious pregnancy. I had friends who graduated from schools for young parents. It's better to talk to them than ignore the issue. Some of my former classmates gave birth at 16 - 18. One classmate, by the time she was 23 - 3 births (multiple dads), 2 abortions. The last baby born, she never even could list a father (it could have been Jeff, Dan, Tom, etc, etc....).

    That first discussion is also a good time to discuss birth control options, STD',s and maturity levels with the kid(s). And ask how your kid would finance raising a baby while completing school.

    Good luck.

  8. #8
    Join Date
    Mar 2007
    Posts
    9,085

    Default Re: Unlawful Sexual Activity With a Minor - Harsh Penalty

    Quote Quoting PandorasBox
    View Post
    The last baby born, she never even could list a father (it could have been Jeff, Dan, Tom, etc, etc....).
    I am pretty sure I can prove I was out of town.

    Anyway...

    OP, I hazard a guess that there is not a teenager in the country that doesn't know about "15 getting you 20".

    But, you could be right... but, as the others have said, that is where parents come in.

    The victim here is not legally able to give consent... even if she said yes.

    Your son, believe it or not, got off light.

    We have a poster to this board whose son has been in prison for over a decade for a very similar incident.

  9. #9
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    17,802

    Default Re: Unlawful Sexual Activity With a Minor - Harsh Penalty

    "She lied about her age" is not a valid defense in any state that I know of.

  10. #10

    Default Re: Unlawful Sexual Activity With a Minor - Harsh Penalty

    We did have "the talk" with our son, more than once & have been fortunate that our son was comfortable coming to us with any questions. We did discuss the inappropriate and illegal aspects of engaging in a relationship with a minor. My son was aware it was not legal what we didn't realize was the possibility of the minor being dishonest about their true age. Nor the facts on which all the responsibility rests on the adult. What is additionally confusing is how can a minor be charged with and convicted of a sex offense if the minor can't hold any responsibility for lying about age?

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