How long will I be in jail if I had sex with a 13 year old boy when I was 20? 14 Answers as of March 19, 2013

I didn't rape him or assault him. He asked me to have sex but I don't have proof. Can I still go to jail even if he asked me? What if he doesn't press charges?

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Michael Breczinski
Michael Breczinski | Michael Breczinski
At 13 he is unable to give consent legally. And in Michigan this carries mandatory prison and up to 15 years. Get an attorney.
Answer Applies to: Michigan
Replied: 3/19/2013
William L. Welch, III Attorney | William L. Welch, III
Sentencing depends on whether you have been found guilty, your prior record, how serious these are in the court's eyes, mitigation, and allocution. An attorney can assist you with evaluating the prosecution's case, any defenses that you might have, and any plea offer that might be made, so that you can decide whether to plea bargain or go to trial. If you were to be found guilty, then an attorney can assist you with presenting mitigation, allocution, and a recommendation for a more lenient sentence. and a recommendation for a more lenient sentence. Consider seeking a confidential consultation with an experienced criminal defense attorney. Beware that online posts are not confidential. If somehow the prosecution were to find your post, then it might be used in evidence against you.
Answer Applies to: Maryland
Replied: 3/15/2013
The Law Offices of John J. Carney Esq.
The Law Offices of John J. Carney Esq. | John J. Carney
The age of consent in New York is 17. If you have sex with a child under 17 it is statutory rape and you will probably get a prison sentence if you are arrested and convicted. You should not talk to the police or anybody. You must hope your victim does not report this to the police or his parents. You will be registered sex offender for life after you get out of prison. Do not have sex with any more children.
Answer Applies to: New York
Replied: 3/15/2013
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
You violated California Penal Code Section 261.5, unlawful sexual intercourse with a minor, (statutory rape). 261.5. (a) Unlawful sexual intercourse is an act of sexual intercourse accomplished with a person who is not the spouse of the perpetrator, if the person is a minor. For the purposes of this section, a "minor" is a person under the age of 18 years and an "adult" is a person who is at least 18 years of age. (c) Any person who engages in an act of unlawful sexual intercourse with a minor who is more than three years younger than the perpetrator is guilty of either a misdemeanor or a felony, and shall be punished by imprisonment in a county jail not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170. If this is reported to the police by anyone you could be charged with the crime.
Answer Applies to: California
Replied: 3/14/2013
Law Office of Michael E. Dailey
Law Office of Michael E. Dailey | Michael E. Dailey
It is called statutory rape and will result in prison time even if he doesn't press charges. These cases are brought by a prosecutor, not the individual victim.
Answer Applies to: Missouri
Replied: 3/14/2013
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    You won't be going to jail, you'll probably be going to prison. At least, that's what you would be facing. It doesn't matter if he asked you or even if he begged you. Under the law a minor cannot consent to sex acts. Period. The prosecutor can always charge you and proceed with or without the victim's cooperation, although they don't really like to. If that happens, make sure you have a good criminal defense lawyer with experience in handling sex crimes on your side.
    Answer Applies to: Michigan
    Replied: 3/14/2013
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    This definitely sounds like statutory rape to me, and you will be facing many years in prison for your acts. Whether he consented or not is irrelevant. He has no set period of time to bring charges, and his parents can also pursue charges as his guardians. Of course, they will have the burden of proving the crime, and if nobody reports this crime to the police, you should not be charged. If accused of this in the future, you better have a good defense attorney to represent you and do not make any confession or statement to law enforcement.
    Answer Applies to: Illinois
    Replied: 3/14/2013
    B. Casey Yim | B. Casey Yim
    1. if age differential is greater than 5 years, penalty is greater, probably requiring some jail time. Amount of time varries from State to State. 2. It makes no difference who asked who. 3. Assault or forcible rape is irrelevant. Only issue is did "it" happen, even w/ mutual consent. 4. Your only possible defense is if you can prove that you had a "reaonable and actual" belief that the boy was over age of consent. 13 yr old will be difficult on this one. 5. If the boy does not show up in court, and there are no other witnesses (like his parents, or friends), prosecutor will probably drop the charges. There was a recent TV documentary of a 30 year old school teacher who had sex w/ one of her students. They eventually married; but she still did the time (which I think was about 5 years or so).
    Answer Applies to: California
    Replied: 3/14/2013
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    He cannot consent to the sex due to his age. Deny everything and get a lawyer.
    Answer Applies to: Nebraska
    Replied: 3/14/2013
    Kevin H Pate
    Kevin H Pate | Kevin H Pate
    In Oklahoma, the 13 year old is not legally capable of granting consent. If no force were used, and no other crimes were committed, the charge would be statutory rape, which is rape in the second degree in Oklahoma. The punishment can be as severe as 15 years confinement and multiple years of being registered as a sex offender. If other offenses also exist, the time for any other offense can be ordered to be served concurrently or consecutively. Fines, costs, counseling, treatment plans, etc. may also be ordered. But any notion of consent, love, does not want charges to be pressed are not controlling once the matter comes to light.
    Answer Applies to: Oklahoma
    Replied: 3/14/2013
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    A 13 year old cannot consent.
    Answer Applies to: Georgia
    Replied: 3/14/2013
    Henry Lebensbaum | Henry Lebensbaum
    Yes as to #1 If no charges are filed, you should still consult a lawyer That someone of that asked is irrelevant
    Answer Applies to: Massachusetts
    Replied: 3/14/2013
    Gates' Law, PLLC | Thomas E. Gates
    Yes, you can go to jail even if he asked for sex. He was 13 and you were an adult. An adult having sex with a minor is against the law.
    Answer Applies to: Washington
    Replied: 3/14/2013
    The O'Hanlon Law Firm, P.C. | Stephen O'Hanlon
    Of course you will go to jail. There is no defense of consent to statutory rape.
    Answer Applies to: Pennsylvania
    Replied: 3/14/2013
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