My question involves criminal law for the state of: South Carolina
My 17 yr old son just informed me and his mother he had sex with a girl he now knows to be 15. This was his first time and we are all scared and his mother and I are of course angry. She has had multiple partners as far as he knows. What do we tell him to do now? Dont say anything to anyone? Do we contact her parents? Can he be charged with rape or other crimes. He is still in high school. Please help.
17 Year Old Son and Minor Had Sex
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10-20-2010, 02:19 AMxtalee17 Year Old Son and Minor Had Sex
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10-20-2010, 04:51 AMLawResearcherMissyRe: 17 Year Old Son and Minor Had Sex
Firstly, he needs to stop seeing the girl. Secondly, all y'all need to SHUT UP about it - tell no one. If her parents have your son brought up on charges, retain counsel and SHUT UP about the incident, except when speaking with your attorney.
Read here. -
10-20-2010, 05:07 AMnoprimenumbersRe: 17 Year Old Son and Minor Had Sex
Hi I can't give an answer to the last question as it is answered in the sticky. But as far as the others...
You seem to understand that a law has been broken an that legal action can follow. As this site is for legal questions and not about morals and ethics I can not tell you what you should do as a concerned parent who just wants to keep there son off the sex offender registry. You have a legal obligation to turn in crimes that you learn about. The laws are not concerned with whether or not a child of 15 is sexualy active. A first offence is still an offence that puts sex offenders on the registry.
As to the second question "Dont say anything to anyone?" This is a legal forum. -
10-20-2010, 05:24 AMcyjeffRe: 17 Year Old Son and Minor Had SexYes, and the accused has the constitutional right not to incriminate himself. Legally, it is an appropriate answer.Quote:
Quoting noprimenumbers
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10-20-2010, 06:04 AMLawResearcherMissyRe: 17 Year Old Son and Minor Had SexPlease cite the South Carolina statute requiring this.Quote:
You have a legal obligation to turn in crimes that you learn about.
(Hint: There isn't one. There is no legal duty to report a crime. If you are questioned about a crime and you have knowledge of it, you have a legal duty to not lie to the police, but you also have a legal right to not say a single word.)
You might try familiarizing yourself with the Fifth Amendment to the United States Constitution - specifically, the self incrimination clause.Quote:
Quoting noprimenumbers
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10-20-2010, 08:11 AMcbgRe: 17 Year Old Son and Minor Had Sex
Do the words, "You have the right to remain silent" mean anything to you, noprimenumbers?
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10-20-2010, 10:11 AMnoprimenumbersRe: 17 Year Old Son and Minor Had Sex
Sorry my fingers missed what my brain said. It was ment to have said "You may have".
The Fifth Amendment is great. But remember that although one does have the ability to not speak of what they know there are times that a person may open mouth and insert foot. I do it alot. And some 15 year olds have tendency to brag about their indiscretions. There is also the problem of contempt of court to be concerned with. As the Fifth Amendment does not protect those that have knowlage of a crime that would not cause them to get in trouble.
There are other laws that may come into play. Witness tampering, with holding evidence, and my Mothers favorite bribery.(She told me after the fact or I would have not let her)
The Fifth Amendment means a lot to me as does the entire Constitution as well as the Federalist Papers and so many more.
Thanks for asking. Is there anything else that I may have missed? -
10-20-2010, 11:05 AMcbgRe: 17 Year Old Son and Minor Had Sex
Yes. You missed posting a link to the law you claim exists, in which the mother is required by law to report her son to law enforcement.
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10-20-2010, 11:43 AMMr. KnowitallRe: 17 Year Old Son and Minor Had Sex
You also missed explaining why you're posting at all given how little you know about the law.
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10-20-2010, 02:07 PMnoprimenumbersRe: 17 Year Old Son and Minor Had SexPlease reread the first line above. I tried to correct.Quote:
Quoting cbg
At the risk of being banned I will spell it out. I am a registered sex offender and I do not want that kid on a sex offender registry. He does not belong on one. I felt that I could not have said it more clearly than to restate what to do in their case using their own words. Should it be said again this time in my own words rather than a bold, underlined, quote? Do I have to say to break the law to keep the kid off the registry?Quote:
Quoting Mr. Knowitall
Has freedom of speech become freedom to tell others to shut up? I have just been attacked 4 times and would like to know why.