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  1. #1
    Join Date
    Jun 2017
    Posts
    1

    Default Can Facebook Posts Be Used as Evidence of a Crime

    My question involves juvenile law in the State of: Washington
    Long story short my sister (17) has been admittedly sleeping with Scumbag (27)
    Scumbag also got her started on meth
    We want to proceed with pressing charges for Stat Rape but evidently we need prove of communication between the two of them in regards to doing the nasty
    She (sister) was logged into Facebook on my mothers computer and didn't log out, and their corespondence through Messenger is 7 kinds of incriminating
    My question here being, would those messages be admissible as evidence? She is a minor, but it is a private facebook account. Like I said, we already have access, but we dont know if it will do us any good.

    - M

  2. #2
    Join Date
    Jan 2006
    Posts
    38,530

    Default Re: Obtaining Evidence Via Facebook

    Unless there is a (legally defined) supervisory relationship between the two parties she is old enough to consent to sex.

  3. #3
    Join Date
    Mar 2016
    Posts
    2,286

    Default Re: Obtaining Evidence Via Facebook

    Quote Quoting Tharmadeus
    View Post
    My question involves juvenile law in the State of: Washington
    Long story short my sister (17) has been admittedly sleeping with Scumbag (27)
    Scumbag also got her started on meth
    We want to proceed with pressing charges for Stat Rape but evidently we need prove of communication between the two of them in regards to doing the nasty
    She (sister) was logged into Facebook on my mothers computer and didn't log out, and their corespondence through Messenger is 7 kinds of incriminating
    My question here being, would those messages be admissible as evidence? She is a minor, but it is a private facebook account. Like I said, we already have access, but we dont know if it will do us any good.

    - M
    Age of consent in Washington state is 16. There's no crime here with their sexual activity.

  4. #4
    Join Date
    Jul 2010
    Posts
    7,603

    Default Re: Obtaining Evidence Via Facebook

    Quote Quoting qwaspolk69
    View Post
    Age of consent in Washington state is 16. There's no crime here with their sexual activity.
    Assuming there is no other reason she would not be able to consent, correct.

  5. #5
    Join Date
    Oct 2014
    Posts
    7,199

    Default Re: Can Facebook Posts Be Used as Evidence of a Crime

    Quote Quoting Tharmadeus
    View Post
    My question here being, would those messages be admissible as evidence? She is a minor, but it is a private facebook account. Like I said, we already have access, but we dont know if it will do us any good.
    The messages might be admissible as evidence in court. The details of the messages would matter and the prosecutor would need a witness competent to lay a proper foundation to get them admitted. You could certainly print them and show them to the police to see if it would be enough to at least start an investigation. The problem is, as others have pointed out, the age of consent for sex in Washington state is 16. So unless the guy is in some special position of trust (e.g. one of her teachers, etc) there isn't a statutory rape crime here.

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