If a 25 years old adult male is under prosecution for statutory rape, but the victim (16 y.o.) emails an anonymous letter what would happen? 21 Answers as of April 15, 2013

I, 16-year-old female, consented to sex with a then 24-year-old when I was 15. He is now going through trial, but why are the charges not dropped if the sexual intercourse was consensual?

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The Houser Law Firm, P.C.
The Houser Law Firm, P.C. | A. Bowden Houser
Because in statutory rape the 'victim' is considered unable to consent. So even though the 16 year old 'girl' was most likely quite sexually experienced and willing, her age is the determining factor. When you get out of jail, make sure not to leave any identifying information with the next under aged girl.
Answer Applies to: North Carolina
Replied: 4/15/2013
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
Your friend violated California Statutory Rape law as written in Penal Code Section 261.5 261.5. (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. By law a person under the age of 18 is not competent to give consent to engage in sexual intercourse. Because your friend was older than 21 and you were under 16 at the time of the unlawful sexual intercourse his punishment is laid out in California Penal Code Section 2261.5 (d). (d) Any person 21 years of age or older who engages in an act of unlawful sexual intercourse with a minor who is under 16 years of age 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 for two, three, or four years.
Answer Applies to: California
Replied: 4/15/2013
The Law Offices of John J. Carney Esq.
The Law Offices of John J. Carney Esq. | John J. Carney
A girl under 17 cannot legally consent to sex, a fact that bot he and you would know if your parents had properly advised you or if you read a book or newspaper once in a while.
Answer Applies to: New York
Replied: 4/15/2013
Universal Law Group, Inc. | Francis John Cowhig
Because you were a minor and not considered competent to give consent.
Answer Applies to: California
Replied: 4/15/2013
Gates' Law, PLLC | Thomas E. Gates
Because you are a minor and there are laws against that.
Answer Applies to: Washington
Replied: 4/15/2013
    Denis M Faubert | Denis M Faubert
    Oklahoma Law(statutory rape) does not recognize consent if you were under the age of 16 and he was over the age of 18.
    Answer Applies to: Oklahoma
    Replied: 4/15/2013
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    Statutory rape involves the act of intercourse with a minor, and it is irrelevant whether the child consented or not. The act alone, is sufficient to convict the rapist.
    Answer Applies to: Illinois
    Replied: 4/15/2013
    Midway Law
    Midway Law | Joseph I. Silverzweig
    Statutory rape is based on the premise that a person who is under a certain age is not mentally or emotionally prepared to mike life-changing decisions about whether or not to have sex. For this reason, your consent or lack of consent is not relevant to the issue of whether or not your friend had sex with you before you were of legal age. Mailing a letter to the prosecutor or the court would seriously damage your friend's case. They may be able to find a way to introduce that letter into evidence, proving that you and he had sex. If you want to help your friend, the best thing to do is to contact his defense attorney. If he is convicted, you should be able to give testimony at sentencing, hoping to sway the judge that you were acting in a mature fashion when you made the decision to have sex with an older man. Your testimony may sway the judge to issue less severe criminal sanctions to your friend.
    Answer Applies to: Utah
    Replied: 4/15/2013
    Barton Barton & Plotkin
    Barton Barton & Plotkin | Maurice Ross
    The law assumes that a minor (such as a 15 year old) cannot give consent to sex. Even if the sex was consensual, it does not matter. Any adult who has sex with a minor can be prosecuted for statutory rape, whether or not the sex was consensual.
    Answer Applies to: New York
    Replied: 4/15/2013
    Law Office of James A Schoenberger
    Law Office of James A Schoenberger | James A Schoenberger
    Because a young person, under the age of 18, is not legally capable of consent.
    Answer Applies to: Washington
    Replied: 4/15/2013
    William L. Welch, III Attorney | William L. Welch, III
    By definition in the rape statute, a minor may not consent.
    Answer Applies to: Maryland
    Replied: 4/15/2013
    Law Offices of Jonathan Mincis | Jonathan J. Mincis, Esq.,
    The charges are not being dropped because he is charged with What is known as a strict liability crime. Even if you consented to the intercourse, since you were under the age of consent which is probably 16 and he was 24, he would automitically be found guilty. It makes no difference if you consented, you told him you were 20 or Actually thought you were 25 Years of age. If you were only 15 st the time it would qualify as statutory rape and a jury would find him guilty if he went to trial. That is Why it a strict liability crime.
    Answer Applies to: New Jersey
    Replied: 4/15/2013
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    Because at 15 a person, by law, CAN'T consent.? The girl (or boy) can rip off all their clothes and can yell out "come and give it to me" and it still is a crime. It does not matter if there is consent or not just sex and the age of one of the participants.
    Answer Applies to: Michigan
    Replied: 4/15/2013
    Ascheman & Smith | Landon Ascheman
    You were not considered old enough to grant consent at the time of the incident. Future consent does not remove that issue.
    Answer Applies to: Minnesota
    Replied: 4/15/2013
    Reza Athari & Associates, PLLC | Seth L. Reszko
    As a minor and 16 you could not give consent by law. As a result, the DA is prosecuting the case.
    Answer Applies to: Nevada
    Replied: 4/15/2013
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    She cannot give consent to this crime.
    Answer Applies to: Nebraska
    Replied: 4/15/2013
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    You are funny. First, you cannot consent to sex at 15. YOU CANNOT CONSENT. Second, you sent an anonymous letter. IF it was anonymous, how did the prosecutor know it was from you. Anonymous means you did not sign the letter, or indicate the letter was from you.
    Answer Applies to: Georgia
    Replied: 4/15/2013
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