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  1. #1
    Join Date
    Jul 2007
    Posts
    23

    Default Sex Charges Involving A Minor Who Lied About Her Age

    Georgia

    Last year when he was 21, he met a young lady. They hung out for the day and the girl informed them that she was 18 about to turn 19 during casual conversation. They had sex. Later that night they went to see another friend who was ill and were pulled over for a traffic stop. He said the officers asked them to exit the car and asked to search to which he consented. While outside of the car, the officers asked them their ages, the girl first told them that she was 18. Later when asked again by another officer, she replied 17. Because she had given two different answers, the officers of course asked a third time and she replied 14.

    My neighbor's son was really upset. He told them that she had told him 18. He gave the officer's his phone number and told them that if they had any questions that the could contact him. He was not arrested at that time.

    About a month later he was asked to come and speak with them. He went in and gave them the same information that he had that night. After the interview, he was arrested and charged with rape and child molestation.

    In discovery, his attorney noticed that the their was no mention of the girl lying about her age but that she did admit that it was consensual. The police report also does not state that she gave several different ages.

    Last week they gave him an offer of 50 years and his family is devastated. He is afraid to go to court because of the Genarlow Wilson situation. What can he do? Why are the girls not prosecuted when they lie about their ages? Alot of these young women look and dress much older than they are and most young men do not think to ask for ID. What recourse does he have? His father and mother are having a lot of financial difficulty over this. I told her that I would post on this board to see if there were any options for him. Any suggestions would be greatly appreciated.

  2. #2
    panther10758 Guest

    Default Re: Neighbor's son in trouble

    He needs to hire an Attorney ASAP! It is not illegal to lie about your age people do it all the time. It was not very smart to meet and have sex with someone so quick for a variety of reasons. Also if victim is in court and looks much younger (by dress etc) The I didnt know wont be believed. I agree there are 14 year olds who look much older however sometime during their talkin g(if they talked much) something would have gave her age away. I am not saying he knew she was 14 but I am willing to bet there were some red flag warnning he ignored was he desire raged! He is facing serious problems and needs to consult an Attorney right away.

  3. #3
    Join Date
    Mar 2005
    Location
    North Carolina
    Posts
    38

    Default Re: Neighbor's son in trouble

    In order for there to be discussion of a fifty year sentence, there has to be a lot more to the story than you have related. The maximum penalty for statutory rape is 20 years. The maximum penalty for first offense child molestation, similarly, is 20 years.
    Quote Quoting Georgia Code - Crimes & Offenses 16-6-3 - Statutory Rape
    (a) A person commits the offense of statutory rape when he or she engages in sexual intercourse with any person under the age of 16 years and not his or her spouse, provided that no conviction shall be had for this offense on the unsupported testimony of the victim.

    (b) Except as provided in subsection (c) of this Code section, a person convicted of the offense of statutory rape shall be punished by imprisonment for not less than one nor more than 20 years; provided, however, that if the person so convicted is 21 years of age or older, such person shall be punished by imprisonment for not less than ten nor more than 20 years. Any person convicted under this subsection of the offense of statutory rape shall, in addition, be subject to the sentencing and punishment provisions of Code Section 17-10-6.2.

    (c) If the victim is at least 14 but less than 16 years of age and the person convicted of statutory rape is 18 years of age or younger and is no more than four years older than the victim, such person shall be guilty of a misdemeanor.
    Quote Quoting Georgia Code - Crimes & Offenses 16-6-4 - Child molestation; aggravated child molestation
    (a) A person commits the offense of child molestation when he or she does any immoral or indecent act to or in the presence of or with any child under the age of 16 years with the intent to arouse or satisfy the sexual desires of either the child or the person.

    (b)
    (1) Except as provided in paragraph (2) of this subsection, a person convicted of a first offense of child molestation shall be punished by imprisonment for not less than five nor more than 20 years and shall be subject to the sentencing and punishment provisions of Code Sections 17-10-6.2 and 17-10-7. Upon a defendant being incarcerated on a conviction for a first offense, the Department of Corrections shall provide counseling to such defendant. Except as provided in paragraph (2) of this subsection, upon a second or subsequent conviction of an offense of child molestation, the defendant shall be punished by imprisonment for not less than ten years nor more than 30 years or by imprisonment for life and shall be subject to the sentencing and punishment provisions of Code Sections 17-10-6.2 and 17-10-7; provided, however, that prior to trial, a defendant shall be given notice, in writing, that the state intends to seek a punishment of life imprisonment.

    (2) If the victim is at least 14 but less than 16 years of age and the person convicted of child molestation is 18 years of age or younger and is no more than four years older than the victim, such person shall be guilty of a misdemeanor and shall not be subject to the sentencing and punishment provisions of Code Section 17-10-6.2.
    (c) A person commits the offense of aggravated child molestation when such person commits an offense of child molestation which act physically injures the child or involves an act of sodomy.

    (d)[/indent](1) Except as provided in paragraph (2) of this subsection, a person convicted of the offense of aggravated child molestation shall be punished by imprisonment for life or by a split sentence that is a term of imprisonment for not less than 25 years and not exceeding life imprisonment, followed by probation for life, and shall be subject to the sentencing and punishment provisions of Code Sections 17-10-6.1 and 17-10-7.

    (2) A person convicted of the offense of aggravated child molestation when:
    (A) The victim is at least 13 but less than 16 years of age;

    (B) The person convicted of aggravated child molestation is 18 years of age or younger and is no more than four years older than the victim; and

    (C) The basis of the charge of aggravated child molestation involves an act of sodomy
    shall be guilty of a misdemeanor and shall not be subject to the sentencing and punishment provisions of Code Section 17-10-6.1.[indent]

  4. #4
    Join Date
    Jul 2007
    Posts
    23

    Default Re: Sex Charges Involving A Minor Who Lied About Her Age

    From what I understand is that he is being charged with kidnapping because she left her house with him, rape and aggravated child molestation.

    I am getting this information from his mother so I may be missing some info. I only have the basics.

  5. #5
    Join Date
    Jul 2007
    Posts
    23

    Default Re: Neighbor's son in trouble

    Quote Quoting panther10758
    View Post
    He needs to hire an Attorney ASAP! It is not illegal to lie about your age people do it all the time. It was not very smart to meet and have sex with someone so quick for a variety of reasons. Also if victim is in court and looks much younger (by dress etc) The I didnt know wont be believed. I agree there are 14 year olds who look much older however sometime during their talkin g(if they talked much) something would have gave her age away. I am not saying he knew she was 14 but I am willing to bet there were some red flag warnning he ignored was he desire raged! He is facing serious problems and needs to consult an Attorney right away.
    I completely agree with you. As a woman I can tell if a girl is actually younger than she states. The problem is that a 21 year old is usually only thinking about the sex. These kids think if they are told 18 they don't have to do any other research or ask any follow up questions. Personally I can't help but wonder if alcohol or drugs were involved. I can't understand how you can sleep with someone so quickly.

    This generation is out of control. Sex is entirely too casual with them. When I was younger we wouldn't have thought to have behaved like this. I have a three year old son and I can't help but worry about what kind of decision he will make when I am not around. I hope that what I teach him will be enough but I will have to pray as well too.

    They have hired an attorney and according to his mother they are suggesting that he take some kind of test to determine if he is a pedophile. I am not sure what this test is and I have never heard of such.
    The attorney believes that because she admitted that the sex was consensual and that she left her home willingly, that he could be acquitted of the rape and kidnapping charge, but according to the letter of the law he will still be guilty of the aggravated child molestation charge.

    Another issue for me is where were her parents. The sexual encounters happened at her home. Her parents however are not pressing the charges. I also have a 6 year old daughter and I can't image what I would do to her if at 14 she had sex in my home while I was not at home. She may not see the light of day for 10 years. There is a real problem in our society that these children are having sex without have the true understanding of the ramifications.

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