Can my son be charged with rape based on the girls accusations? 48 Answers as of November 03, 2011

You should immediately hire an attorney to represent your son. The greatest fear in these type of cases is CSC registration. This can avoided, with the assistance of an attorney, through planning.

Hire a lawyer. That is a serious allegation and she can bring the charge. Even if the sex was consensual, it was illegal because neither of them can consent to sex until they are 17.

Sure - but being charged and being convicted are two entirely different things. I suggest you consult with an attorney.

Except for those crimes directly observed by police officers, every crime starts with someone's accusations. Whether those accusations can be supported with enough evidence to rise to the level of proof needed to satisfy the standard of "beyond a reasonable doubt" varies depending on the specific facts of each case.

The decision in such a case would lie with the prosecution, who would delve over the evidence and determine if charges are warranted. Doing so on the word of the girl, is questionable, unless tests were done immediately after the sexual encounter, and his DNA was found to be present. Your son will probably be charged as a juvenile, an attorney will be automatically appointed to represent him, and he should discuss the case with him, and hold nothing back, tell the complete story.

You should have had a talk with your son about statutory rape, shoplifting, drug use, and other things that young people...especially boys have to be repeatedly warned about. Children are very bad decision makers and often do not understand the consequences of their actions. The law does not allow a girl under the age of 17 to consent to have sex. If she consents it is statutory rape, if she does not consent it is rape, sodomy, or sexual misconduct depending on the nature of the sexual acts. You should retain a good criminal attorney to handle the matter. He will protect your son's rights, advise everyone not to discuss the case, surrender him to the police if necessary , and try to get the case into Family Court as opposed to Criminal Court. Your son is eligible for Youthful Offender Treatment and therefore may not have a criminal conviction for the rest of his life. A rape conviction can ruin your chances of getting into school or getting a good career. It is a violent felony offense that is easy to claim and difficult to defend against. He can be charged on her word, but it still has to be proven beyond a reasonable doubt. I do not know what you told your son about having sex with girls, or if the subject ever came up. Some parents do not want to even think their children would use drugs or have sex so they don't discuss it with them. Other parents warn their children about such matters but they simply do not listen to their advice. Make sure that you advise your son not to talk about the matter, blog about it, text about it, or talk to the police about it. he should not talk to the girl or other boys involved. If you know the other parents have them talk to your attorney and advise them to get an attorney to protect their children and prevent the police from getting admissions or confessions from any of the boys. Do not contact the parents of the girl and if they contact you advise them to call your attorney.

The age of consent in Michigan is 16. If you have sex with someone under 16, they cannot consent and therefore you could be charged.

Yes, he can be charged. Your son needs a lawyer, and the sooner the better. Rape is among the most serious criminal charges. He needs to shut up and refuse to talk to anyone except a lawyer.

Have your son remain silent about this situation. He should not even admit to knowing this girl. This is serious, he needs a lawyer right away.

Probably best to hire a lawyer and seek to cooperate with police as he potentially could go to prison for life.

Anyone can make accusations and anyone can be charged with a crime. It's another thing entirely to prove those accusations beyond a reasonable doubt. If your son has been charged with a crime, he needs to have an experienced criminal attorney representing him. Sex crimes are especially serious and can have long-lasting impacts on his life and future. Seek out the best representation possible.

Get a good attorney and fight the case. The cops and DA may have not heard any other version of the story except the victim's. This is a very serious charge so if he has a good defense he needs to put that forward as soon and as forcefully as possible. Good luck.

It is important that your son not talk to the police without counsel. Yes, a person can be charged with an offense. In this day and age sex offenses are subject to prosecution on the flimsiest of evidence. I represented a client who prior to my representation took and passed a police polygraph and was still prosecuted. We ended up getting the charges dismissed but he certainly risked a conviction even if innocent.

Yes he can be charged. Only thing you can do is fight the charges. Don't give any statements without an attorney.

You should hire a top notch criminal defense lawyer. These cases are very serious and your son could face serious consequences. The word of the girl is sufficient to charge him with the crimes and can be sufficient to convict.

Having sex with a minor whether consensual or not is illegal in Minnesota, regardless of the other person's age. You will want to make sure your son is represented by an attorney. The matter will likely remain in juvenile court however, which means he cannot be subjected to a prison sentence.

Prepare your son to immediately demand a lawyer if he's approached by the police. Don't let him talk with anyone no matter what! That's all you can do for now.

You need to hire an attorney for him ASAP, because he does or says anything to incriminate himself. Your son most certainly can be charged and convicted based solely on what that girl says.

A person can be charged with rape based upon the accusation of the victim. However, being charged with rape and being held to answer in a court are not the same. In this case your son could be charged with statutory rape or forcible rape. To be convicted of forcible rape it would have to be proven that the girl was under duress, threatened, unconsents, or forced. In your sons incident the court would require more evidence than the word of the girl. To be convicted of statutory rape the state needs to prove, a male and female engaged in an act of sexual intercourse. The persons involved in the act were not married to each other; the persons involved in the act were not married to each other. If the one being accused and the alleged victim are no more than three years apart the offense is a misdemeanor. If the case goes forward it will be heard in juvenile court. In juvenile court there is only a judge to hear the evidence and not a jury. In the case of your son this should be better. You need to consult with an attorney if charges are brought against your son. And starting now your son should not talk to anyone about this.

If you have read the papers and listened to the TV at all in the past 6 months, sex offenses are a really big deal and those who commit them are horrible people. Not that your son is. Case reads like anythinrunaway hormones. You should hire an attorney for your son immediately. Your son should not say anything to any cop. That will not prevent him for being arrested. Cops will only try and get him to make better case against himself. Sex , regardess of the guys age, with a girl under 14 can be very serious.

Yes. Your son can be charged based on the allegations of another person or child. However, the allegations would need to be proven beyond a reasonable doubt. One action you and especially your son must take is to NOT TALK TO ANYONE UNTIL YOU HAVE TALKED TO A LAWYER.

Get a lawyer, get all the little boys who were playing with the little cutie, and have the lawyer get affidavits from them that she let them all in her pants and the case will go away. BUT make sure none of the boys are over 17.

Hire lawyer. Most people do not understand that it is illegal to have with a minor even if your a minor. That means that your 15 year old son broke the law even if he had consent. (I'm sure he did, it happens all the time.) She broke the law too however prosecutors decide who they want to prosecute, in other words you can't make them file charges against her.

Yes he can be charged based just on her word. First get an attorney. Second DO NOT HAVE HIM TALK TO THE POLICE. They will just use his statements to convict him. Even minors have the right to remain silent.

Absolutely. It is very easy to be charged. If he is charged, you need to hire an experienced trial attorney in your area.

Hire an attorney immediately. Borrow money from family, or sell the car, or take out a second mortgage. Tell your son not to talk to anyone - not to his buddies, not to you, especially not to the police. A 15-year old could get a Measure 11 mandatory minimum sentence of 70 months or more. This is very serious, and you don't want to wait for the police or prosecutor to decide to arrest your son before you act.

Get a good criminal defense attorney. Consent is not a clear defense to statutory rape.

Don't speak to the police, hire your son a defense attorney and prepare the defense case. Very serious accusations.

At this point there is little that can be done as the police have to choose whether or not they will investigate the case. If the police calls you and asks you to have your son come down to give a statement do NOT go until you have consulted with an experienced criminal defense attorney.

Get a lawyer. Sex with someone younger than 17 is rape regardless of consent because the law says a minor can't consent.

You should retain an attorney as soon as you can if you can afford it to interface with the police and the DA. They will try to interview your son and he should not make a statement until and unless he has an attorney.

Yes, he can and probably will be charged, based solely on her allegation. Tell him not to discuss the allegation with anyone but his attorney, and hire a good attorney to represent him! Good luck!

Yes. This is a very serious matter. You should call for an immediate consultation; in any event, do not let your son interview with anyone/discuss the case with anyone without consulting/having counsel. Once again, this is very serious and you should not try to handle without the advise of an attorney.

As long as the police have probable cause to believe your son committed a felony, he can be charged with anything. The critical question is can he be convicted. Here is the definition of the most likely charge: 9A.44.086. Child molestation in the second degree (1) A person is guilty of child molestation in the second degree when the person has, or knowingly causes another person under the age of eighteen to have, sexual contact with another who is at least twelve years old but less than fourteen years old and not married to the perpetrator and the perpetrator is at least thirty-six months older than the victim. (2) Child molestation in the second degree is a class B felony. If your son is found guilty, he will have to register as a sex offender whether the girl consented or not. You need to retain an experienced sex offense defender as soon as possible. Whether the charges stick will depend on whether your son admitted the sex to the police or the girls parents. No matter what, he needs a good attorney.

Many rape cases depend solely on the word of the victim without any corroborating physical evidence. Without knowing a lot more about the specific details of the allegations, it's hard to evaluate the strength of the case against your son and any possible defenses to the allegations. It sounds like your son needs an experienced criminal defense attorney as soon as possible.

Yes, your son can be charged based upon mere accusations. Whether he can be convicted of forcible or statutory rape is a different issue. Please hire counsel a.s.a.p. to protect your son's reputation/future.

A charge of sexual assault and a conviction as well, can have effects that stay with a person for the remainder of their life. Hire an attorney to protect your son quickly.