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Consensual Sex and Age of Consent

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  • 12-07-2008, 03:08 PM
    kennebellgt
    Consensual Sex and Age of Consent
    My question involves criminal law for the state of: california

    So my good friend has this ex that ended up pregnant it was back last dec. in
    07 he was 20 she was 16 the police made him take a dna test before the child was born the child was born in dec of 2007 he was issued with a court date for child custody while at trial he said he didnt have sex with her and the judge and the d.a that was there did not have the dna test results and they could not understand why and the court date was in may of 08 a year goes by and a detective comes to his door and says they have the dna test results after a year of waiting for them, the kid is now one yrs old, the girl is now 18, the detective said that he needs to admit it and said if he admits it he wont take him to jail but if he lies than he will take him to jail the detective says he has the dna papers to prove it what i dont understand is why does the detective want him to admit this if he says he already has dna evidence, he told my friends mother that he just wants my friend to admit it so he can send it to the d.a and it will look better on my friends part if he says he was cooperative. i really dont understand this it seem's so weird i dont see how it takes a year to get dna results back to them and i dont know why he would want him to admit it if he already has dna results, can a detective fabricate
    dna documents? so please help my friend out with this problem. thankyou very much for all your time. also his mother said she seen the dna papers.
  • 12-07-2008, 03:18 PM
    panther10758
    Re: Consensual Sex Question, Really Weird Please Read
    Your friend needs an Attorney. Age of consent in CA is 18 so he could be facign sex charges and possible forced registration as sex offender. He should answer no questions or sign no document suntil he has spoken to an Attorney
  • 12-07-2008, 03:26 PM
    cdwjava
    Re: Consensual Sex Question, Really Weird Please Read
    Quote:

    Quoting kennebellgt
    View Post
    So my good friend has this ex that ended up pregnant it was back last dec. in 07 he was 20 she was 16

    In CA this is a felony.

    Quote:

    what i dont understand is why does the detective want him to admit this if he says he already has dna evidence, he told my friends mother that he just wants my friend to admit it so he can send it to the d.a and it will look better on my friends part if he says he was cooperative.
    Sometimes an admission is better than making the state work for it. Most DA's simply want to make sure the girl and the child will be cared for. if he continues to deny paternity when they know otherwise, then they may decide to "throw the book" at him.

    He can continue to deny it if he wants ... but, he can expect to spend a few years in jail and may become a registered sex offender ta boot.

    He should really engage an attorney ASAP.

    - Carl
  • 12-07-2008, 03:26 PM
    kennebellgt
    Re: Consensual Sex Question, Really Weird Please Read
    maybe the detective is lying about all of this but i cant see how he can lie about dna results with a document and why would he want him to admit it if he already has dna evidence.
  • 12-07-2008, 03:29 PM
    panther10758
    Re: Consensual Sex Question, Really Weird Please Read
    None that changes fact he needs an Attorney!
  • 12-07-2008, 03:38 PM
    kennebellgt
    Re: Consensual Sex Question, Really Weird Please Read
    Quote:

    Quoting cdwjava
    View Post
    In CA this is a felony.


    Sometimes an admission is better than making the state work for it. Most DA's simply want to make sure the girl and the child will be cared for. if he continues to deny paternity when they know otherwise, then they may decide to "throw the book" at him.

    He can continue to deny it if he wants ... but, he can expect to spend a few years in jail and may become a registered sex offender ta boot.

    He should really engage an attorney ASAP.

    - Carl

    so what should he do admit it? than they might slap the cuffs on him right after that
  • 12-07-2008, 03:41 PM
    cdwjava
    Re: Consensual Sex Question, Really Weird Please Read
    Quote:

    Quoting kennebellgt
    View Post
    so what should he do admit it? than they might slap the cuffs on him right after that

    He should consult with an attorney before talking to the police again.

    These are potentially felony charges ... he could go to prison for up to three years. He needs to speak with an attorney like yesterday.

    - Carl
  • 12-07-2008, 03:42 PM
    kennebellgt
    Re: Consensual Sex Question, Really Weird Please Read
    Quote:

    Quoting panther10758
    View Post
    None that changes fact he needs an Attorney!

    what do you mean?
  • 12-07-2008, 03:46 PM
    panther10758
    Re: Consensual Sex Question, Really Weird Please Read
    Listen to what Carl and I have told you to tell your friend. He does nothing until he speaks to an Attorney
  • 12-07-2008, 03:58 PM
    cdwjava
    Re: Consensual Sex Question, California
    I doubt they would just slap the cuffs on him absent a warrant for his arrest, but it is theoretically possible ... though, an arrest would force the DA to move within a greatly contracted time frame if they are not ready to prosecute already. Hence, the police would almost certainly await a warrant even with a confession ... though that's not a guarantee.

    To repeat for the umpteenth time - he needs an attorney.

    - Carl
  • 12-07-2008, 04:01 PM
    LawResearcherMissy
    Re: Consensual Sex Question, Really Weird Please Read
    Quote:

    Quoting kennebellgt
    View Post
    what do you mean?

    Just what he said. For heaven's sake, don't be obtuse.

    Nothing that you have said here negates the need for an attorney. Your friend needs to shut up, stop talking to anyone about his situation, and get an attorney immediately.
  • 12-07-2008, 05:43 PM
    cyjeff
    Re: Consensual Sex and Age of Consent
    I will find the actual reference, but here in Georgia, a woman was arrested for child molestation under very similar circumstances.

    She demanded CS from her teen age lover, and the judge did the math.

    I am not saying this is what WILL happen... but your friend is a felon. Now it is just a matter of what the state wants to do with this information.
  • 12-07-2008, 05:59 PM
    panther10758
    Re: Consensual Sex and Age of Consent
    I am thinking ahthorities are already aware of age difference. Why else send Detective? Seems to me they are building case and a confession would tie things up nicely
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